On July 1, 2009, our family purchased what should have been our dream home! Shortly after moving in, we discovered numerous problems which have never adequately addressed by Toll. Some of the items punch List items which did not have a serious impact on our lives that we've made numerous requests to Toll's Site Project Manager Jason Minock to repair but never did. However, serious environmental issues were also discovered and therefore sent additional emails of concerns to Jason Minock without a response. He blatantly ignored our requests! During the first several months post-sale, our principle contact at Toll was Jason Minock. Mr. Minock essentially ignored us, despite the fact that our family had been experiencing various illnesses since moving in. Our youngest at the time, Jordana (8years old) was experiencing serious asthma related issues that resulted in numerous trips to the hospital and being put on additional medicines and a ventilating machine. Our oldest Daughter, Yasmeena (age 10) at the time was having memory issues, chronic fatigue, vomiting and headaches. Sherry and I also were experiencing chronic fatigue, headaches and vomiting! At first we didn't think our symptoms were the result of Toxic Mold until Sherry discovered an area of mold growing in our soon to be newborns nursery. Fearful that the living conditions in the home were causing our family health issues, we decided to hire an independent firm to inspect the property. They found numerous environmental issues, In particular was the question as to why Toll painted the ceiling joists white in what seemed to be an effort to conceal significant black bacteria/fungal (Toxic Mold) growth. Our consultant further stated that it is not typical to see joists painted in new construction homes unless there was damage due to Smoke or Toxic Mold. Our consultant also stated that the findings are very significant and very, very serious and needs to be carefully and thoroughly investigated and evaluated by certified professionals and experts in their fields. As recommended, we decided to hire another consultant to perform an air sample test to make certain we weren't breathing anything we weren't supposed to be. After samples were taken, the testing company concluded that the home has significant Toxic Mold contamination and immediate evacuation and remediation of the area should be undertaken as soon as possible. We immediately notified Toll Brothers that we were leaving the home and have retained council to assist us with a resolution. Around the same time, Toll assigned a new person to our case, VP of Michigan William Bye, to interface and to show cause good faith; it got even worse. Mr. Bye acknowledged with a letter the inadequacies of Toll's past efforts and promised an agreement that can fairly address our concerns After several requests we have made, no agreement was ever entered. Toll never disputed the findings of our Forensic Architect, despite having made multiple inspections of the home. In fact, one of Toll's tests and inspections validated our heath concerns! The actual reports that confirmed our findings were concealed from us until our council had no choice but to issue a default to the courts! We had had made multiple requests for the reports, all of which were ignored. It was only received after the default was entered in our case against Toll with a cover letter/email submitted from Toll's attorney to our attorney that disingenuously states I guess there was some testing done!!?? In late May, 2010, Sherry and I decided to hire our current council Mr. Larry Bennett to take the lead due to his extensive experience with environmental issues. Our council was informed by Toll that Mr. Bye's relationship with Toll Brothers had been abruptly terminated and that once again Jason Minock was again taking over!!?? Great! A letter than was sent to Jason Minock requesting copies of all test results and a proposed plan to correct the environmental problems at the home. After getting no response, we offered to work out an agreement where the both parties would agree upon a neutral certified hygienist to test the property and prepare a remediation protocol. This offer, made several times over the past several weeks, was rejected by Toll Brothers without an explanation. During this period of time, we pleaded with Toll Brothers to provide us with alternate housing since Sherry was having pregnancy related health issues. Toll was notified that its failure to correct the issues in the home (and its failure to provide adequate alternate living conditions) had resulted in Sherry suffering stress-related high blood pressure and required that she be induced to give birth sooner than expected to avoid any further serious complications. At that point was when Toll finally relented and provided alternate housing, from now newly assigned Toll representative Jeff Brainard 3 months later!! I guess living in a Hotel for a month during Sherry's 9 month of pregnancy; then to have to move her over to a bug infested apartment during months 2 and 3 was enough for our family and new born to endure!!?? Toll's council did not otherwise receive a response from Jason Minock. Instead, on June 17th 2010, I received an email from Jeff Brainard that included a scope of work by one of Toll's so called remediation company. A Scope of Work that was so vague, it didn't even indicate a work scope that would get rid of the moisture intrusion that has been causing the Toxic Mold in the first place. Along with the so called Scope of Work was attached a Release, a document they asked us to sign releasing Toll's Brothers of any wrong doing!!?? When we rejected Toll Brother's completely inadequate plan (with the requisite full and complete release of any wrong doing) Toll's malevolence came into full bloom! In a letter received from Toll's general council, Their council communicated with our council stating that Toll's provision of alternate housing would be revoked regardless of the health effects it would have on us, our family and our newborn!!?? Toll clearly has demonstrated an act of fraud since the very inception of the relationship. We were never provided with a seller's disclosure statement. In order to obtain a certificate of occupancy from the city of Novi, Toll presented a fraudulent Acknowledgment of Disclosure form to the city of Novi which bared the signature of Sherry Krstovski, but was not actually signed by her. Specifically, Toll defrauded us in the following additional ways: (1) By making unrequested repairs to the property in a covert and surreptitious fashion including the replacement of the exterior patio porch so as to conceal the presence of water damage and fungal growth from us; (2) By painting over Toxic Mold in the basement with white pain in an effort to conceal evidence of water damage and Toxic Mold from us; (3) By placing multiple spare doors in front of Toxic Moldy and water damaged portions of the basement in an effort conceal those conditions from us; (4) by prohibiting us from entering the room in the basement under the pretense that it contained confidential information that contained the evidence water damage and Toxic Mold; and (5) to prevent us from detecting leaks, amateurishly placing a chute in a wall cavity to divert water into a bucket.
We have pleaded on numerous occasions to our city (Novi) for help and they have repeatedly turned us down! We have even went to the extent to reach out to our Major on 3 separate occasions by email, we have yet to receive a response to this day! It now seems to our family All the city is willing to do is push us off for the State to deal with us and that's not right. They're attempting to wash their hands of what clearly after further investigation that was conducted on our home shows that the city prematurely provided the Certificate of Occupancy on our home. The city failed to inspect and address numerous acts of negligence, violations and FRAUD! I have proved it to the city with discovery to act on the city ordinance that's in place to revoke the C of O, they have rejected to do so!
The City of Novi Ordinance clearly states that if at any time there was fraud, violations and/or negligence discovered to obtain a Certificate of Occupancy on a residence, the Certificate Of Occupancy is to be revoke. This ordinance that I'm referring to is clearly stated in bold on every Certificate of Occupancy that the City of Novi issues. When I ask them a simple question as to what that ordinance means, the city's answer is We don't know, I would have to get back to you!!?? Again, on Wednesday November 12th, during my meeting with our City Manger Clay Pearson and Head of Building Charles Boulard, the question was asked again; and again we received the same answer!
So here we are today, with no resolution from Toll; displaced from a home that we continue to pay for; continue to pile up expenses. This is Toll's logic, to fight until the plaintiff can't fight anymore! Knowing that they can get away anything resulting in the citizen to absorb! So On October 29th, I made the decision to apply a banner to our home. Since then, I've received over a 100 phone calls from residents and citizens supporting our fight. 2 of the calls that we received from current residents also confirmed Toll's deception. When the 2 residence at different times witnessed the basement flooded when it was a model. Another issue with the home on top of the many that we have documented that was never disclosed to our family when we purchased the home.
Toll is doing nothing but purposely dragging our fight with them for as long as it takes for us to give up! We will not give up, We are taking our fight to the media, the press and now to our State's representatives. 2 of the 3 are already on board and now we ask everyone that reads this blog to join our fight against Toll Brothers! One thing they failed to realize is that we will not give up our fight against the evel empire!
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