MONTICELLO, ILLINOIS -- I'm a homeowner that is next door to a spec home that Timbercreek is building. They are building a ranch home on a lot that is too 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.
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.