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TimberCreek Developers


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Builder Not A Good Neighbor
Posted by Jefferson grove on 10/17/2008
MONTICELLO, ILLINOIS -- I'm a home owner that is next door to a spec home that Timber Creek is building. They are building a ranch home on a lot that is to small. The result of this is creating a drainage nightmare for us. The driveway is 2' from my property which means all the water is going to dump on me.

We notified the builder of this issue as the foundation was being put in place. We discussed our concerns with the builder, his comment was I've built many homes and I'll make this right.

As construction has progressed, it's now obvious that he can't make this right without altering the grade of my property. We have the CITY engineers involved who called to inform me that the builder indicated we verbally agreed to altering our property. We did not agree!

I've asked the City for a copy of the drainage plans. I will then be working with my attorney to prevent any alterations that are on my property.

Additionally, we have landscaped our yard with a very obvious new growth of grass. Even with barricades in place, construction workers continue to pass through our yard. Yesterday they left a trail of insulation and hose marks in the newly seeded yard and damaged the end of our tree berm.

I called the builder, he responds that he agrees that they should not be entering our property but he can't be around to babysit. He has no control of when the contractors come. I asked him who called them in the first place. He responds that he does. I asked why don't you tell them when you arrange the work not to enter the property next door. His response, that's like telling someone to tie their shoes every morning.

It's obvious this is another slap it up builder who has no appreciation for the neighbors next door.

Met with the City Engineers and they are on my side. They are contacting the engineering firm who proposed draining the water onto my property. Communicating to this firm
that there is no agreement to allow this.

City shut down the construction until contractor submitted a drainage plan that would not
dump water on our property. A curb was added to the driveway that keeps water on
the spec. homes property.

Contractors continue to attempt crossing through our property, they even take down
our barricades. It's a good thing my husband is home to catch them.




     
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Posted by Principissa on 2008-10-17:
Next time they enter your yard, call the cops. Where I live it's considered trespassing and vandalism. Perhaps once you show this clown you mean business, he'll get the hint. Far as the property alterations, unless you have something in writing signed by yourself, there is no agreement to alter your property. Take him to the cleaners.
Posted by spiderman2 on 2008-10-17:
It sounds as if you have been in contact with someone in your local government. If you have a zoning officer or a codes officer, you may want to try to get them involved too. Good luck!
Posted by Anonymous on 2008-10-17:
Your local city zoning council should be able to put an immediate stop to any further developing by this company until this mess is sorted out. There is no such thing as a verbal agreement to alter your property that I'm aware of. If you haven't already, contact them right away. Good luck!
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Failure to Return Earnest Money even though no contract signed
Posted by Cmw on 10/27/2007
PAXTON, ILLINOIS -- TimberCreek offered to build us a house in the Deer Run Subdivision in Mahomet, IL. We signed a Memorandum of Purchase with our Realtor that stated clearly that this was a non-binding contract and that the earnest money check for $2000 would not be deposited until a contract was signed. When our lawyer and my wife and I went over the contract we could not agree on some of the terms so we did not sign it. I emailed TimberCreek about our decision and returned our copy of the blueprints. TimberCreek cashed the $2000 check several days before giving us the contract to read. When asked for the money back through our lawyer and also our realtor he refused and said come and get it. At no time did we agree to his cashing of the check nor did we or he make any written or oral statements that the money was not to be returned.

TimberCreek claims that because he made some room rearrangements on the blueprints we owe him the $2000. Since there is no binding contract of any sort, this is a gross violation of the contract.
     
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Posted by Anonymous on 2007-10-27:
He actually said come and get it? Have your lawyer send him a letter stating that if the money isn't returned within a specified period of time then you will go and get it . . . in small claims court along with the fee's your attorney is charging.
Posted by moneybags on 2007-10-27:
Most developers are also licensed by Real Estate Commissions. File a complaint with them. Also, why did the earnest money go to him? It should have been held by your realtor who can't deposit until there is an ACCEPTED contract. It is then normally disbursed at closing.
Posted by FoggyOne on 2007-10-28:
Small claims - do it.
Posted by Anonymous on 2007-10-28:
Why did your realtor give him the earnest money in the first place? As moneybags pointed out, it is to be held until the contract is finalized and agreed upon.
As for the contractor saying "come and get it," I hope your attorney is planning to do just that.
Posted by killerklown on 2007-10-28:
"Since there is no binding contract of any sort, this is a gross violation of the contract."

So, is there, or is there not, a contract?
Posted by mjwilliams on 2008-01-21:
Chris, since there are some questions here regarding my role this transaction, may I have your permission to enter this discussion and clear up a few things?

Regards,
Marjorie Williams, Broker
RE/MAX Choice-Champaign.
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