Traton Homes and Neighborhoods

TRATON HOMES AND NEIGHBORHOODS: TERMS AND CONDITIONS

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REVISED: 2008 SEPTEMBER 15

By clicking through to the articles posted on this Web site - Traton Homes and Neighborhoods ("Traton") - you are agreeing to the following Terms and Conditions.

1. Agreement Between You and the publishers of the articles for Traton (hereafter "Operators"). The following terms and conditions (the "Terms and Conditions") apply to all visitors to, or users of, this Web site. By accessing this Web site, You acknowledge acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, the Operators reserve the right to seek all remedies available by law and in equity for such violations. The Operators acknowledge that there are other available Web sites that offer comparable products and services. In that regard, the Operators acknowledge that You have almost unlimited choices in selecting a Web site to accommodate Your needs, and that Your selection of this Web site is completely voluntary. In that regard, You agree, by entering into this Agreement, that You will be strictly bound to all of the terms and conditions set forth herein.

2. General Use Provisions and Copyright. You acknowledge that the Operators have spent valuable time and effort in developing this Web site. Thus, all materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of the Operators. All Materials herein and all software are proprietary to the Operators and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Operators.

Additionally, none of these materials may be used for the benefit of Traton Corp. (Marietta, Georgia) and/or it affiliates for any reason whatsoever without the express written consent of the Operators. Such consent shall be provided at the discretion of the Operators. Any materials used for benefit of Traton Corp. and/or its affiliates which results in a loss and/or harm to the Operators or any of the directors, members, managers, employees, agents, vendors, or suppliers of the Operators (collectively "Operating Entities"), shall be a violation of this Agreement. As such, you agree to indemnify the Operators and/or any of the Operating Entities for any such harm and/or losses.

3. Limited License. The Operators appreciate the opportunity to enter into this Agreement with You. Thus, as part of the Agreement, the Operators hereby authorize You to view the materials available on this web site. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implications, estoppel, or otherwise, any license or right under any patent, trademark, or copyright of the Operators.

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6. Devices. You acknowledge that the Operators have spent considerable time and money in providing these Materials to You and various other individuals. Thus, you acknowledge that the Operators have an interest in maintaining a relatively responsive and reliable Web site. As such, You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without the prior expressed written permission of the Operators. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of this Web site or any listing, offer, or transaction being conducted on this Web site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Web site.

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8. Links to Third-Party Web Sites. In an effort to provide better service to You, the Operators may provide links to Web sites operated by parties other than the Operators. Such hyperlinks are provided for reference only. You acknowledge that the Operators do not control such Web sites and are not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If You decide to access any of the third-party sites linked to this Web site, You do so entirely at Your own risk.

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11. Opportunity to Cure. Despite the express Limitation on Liability, as set forth herein, the Operators seeks to maintain good relations with those who use the Materials. However, the Operators have limited assets and limited capacity to address certain issues. Thus, due to such limitations, the Operators set forth the following procedures for reporting any dissatisfaction. You acknowledge that these procedures are reasonable, and that You will strictly adhere to these procedures for reporting any dissatisfaction with this Web site. Should there be any dissatisfaction with any of the services offered by the Operators, You agree to provide express written notice to the Operators, and provide the Operators the opportunity to cure or accommodate the alleged dissatisfaction within a three (3) month period. The three (3) month period shall begin from the date that the written notice is received by the Operators. Such written notice shall be emailed to traton@gmail.com. The written notice shall begin with a subject line (or title), which recites, in all capital letters, "REPORTING OF DISSATISFACTION WITH TRATON HOMES AND NEIGHBORHOODS." You agree to strictly follow these procedures for reporting any dissatisfaction, without any deviation, prior to commencing any other action, legal or equitable, against the Operators and/or any of the Operating Entities of Traton. If You commence any action against the Operators and/or any of the Operating Entities prior to following these procedures, and prior to providing the Operators and/or the Operating Entities the opportunity to address any alleged dissatisfaction, then You agree to pay all costs associated with such action against the Operators and/or Operating Entities. Such costs shall include court fees, attorneys' fees, filing fees, incidental costs, travel costs, lodging expenses, and any other costs, both foreseeable and unforeseeable, that are incurred by the Operators and/or Operating Entities in defending against such action. In other words, You acknowledge that the Operators and/or Operating Entities have limited resources, and, as such, You agree to incur any and all costs that are associated with defending any actions against the Operators and/or Operating Entities, whether initiated by You or by the Operators and/or Operating Entities.

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13. Modification of These Terms and Conditions. The Operators reserve the right to change at any time the terms, conditions, and notices under which this Web site is offered and/or operated. Modification of this contract will be deemed effective upon publication on the Web site. It is Your responsibility to check terms and conditions of this Agreement at the time of each use.

14. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

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16. Choice of Law and Choice of Forum. The final contents of this Web site are reviewed and approved by legal counsel for the Operators prior to being published on the Web site. While the articles and information on this Web site are authored by one or more distinct individuals from different venues, the review and approval process, which accounts for a majority of the activities relating to the publishing of the articles or information on this Web site, takes place at the location of the legal counsel for the Operators. Currently, that location is in Dayton, Ohio. Insofar as the bulk of the activities relating to the publication of the Web site occur in Dayton, Ohio, You agree that this Agreement is governed by the laws of the State of Ohio, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in or nearest to the United States District Court for the Southern District of Ohio, Western Division, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is strictly prohibited in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

17. Services Not Provided. In connection with Your use of this website and/or services, You acknowledge and agree as follows (a) the Operators are not responsible for the content of, nor do they endorse, the third-party websites to which You may link using this Web site; (b) the Operators do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Web site must be verified independently; (c) the Operators may make changes to its products and/or services and this Web site at any time and without notifying You or receiving Your consent; and (d) While the Operators comply with state and federal civil rights laws, the Operators do not monitor transmissions of information by others and thus assumes no liability for the failures of others to comply with such laws.

18. Contract Interpretation. Having fully read and understood this Agreement, You agree that any ambiguity in this Agreement shall be strictly construed in favor the Operators.

TRATON HOMES AND NEIGHBORHOODS: WEBSITE PRIVACY POLICY

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REVISED 2009 MAY 04

By visiting the Traton Homes and Neighborhoods ("Traton") website, you are accepting the practices described in this notice.

COOKIES

On some of our pages we may receive and store certain types of information whenever you interact with us. For example, we may use "cookies" to obtain certain types of information when you visit our site. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide a more personalized experience. For example, one of our search pages uses cookies to store elements of your last search using that page so that you will not have to re-enter as much information on your next search. Most browsers allow you to control when cookies are written to your computer. However, cookies allow you to take full advantage of our personalization features and we therefore recommend that you leave them turned on. Check under "Help" in your browser for more information.

AGENTS

We sometimes contract with other companies and individuals to perform functions on our behalf. For example, we may hire a company or individual to develop a computer program, help maintain our computer network, or process online transactions. These parties have access to personal information needed to perform their functions, but may not use it for other purposes.

ACCESS TO YOUR INFORMATION

Traton gives those who register online access to their registration information for the purpose of viewing and, in certain cases, updating that information.

CONDITIONS OF USE, NOTICES, AND REVISIONS

If you choose to visit the website of Traton, your visit and any dispute over privacy is subject to this WEBSITE PRIVACY POLICY and our TERMS AND CONDITIONS, including limitations on damages, arbitration of disputes, and application of the law of the state of Ohio. If you have any concern about privacy at the website for Traton, please send us a thorough description in accordance with the TERMS AND CONDITIONS, and we will try to resolve it. This notice and the TERMS AND CONDITIONS may change, and use of information we gather now is subject to the WEBSITE PRIVACY POLICY in effect at the time of use. You should check our website frequently for changes.

AUTOMATIC COLLECTION OF INFORMATION

We may collect and analyze certain information automatically: the Internet protocol (IP) address used to connect your computer to the internet; login; email address; password; computer and connection information such as browser type and version, operating system, and platform; registration history; the full Uniform Resource Locators (URL) clickstream to, through, and from our website, including date and time; cookie number; pages you viewed, or what you searched for.

TRATON NEWS: Dissatisfied Home Buyer Questions Why Traton Homes Attempted to Sell Property that Traton Homes Did Not Own

2011-10-09T08:12:00.000-07:00

Given the difficult housing market in the United States, it seems obvious that integrity and customer service would be the main focus of companies that wish to retain customers. Traton Homes seems to be taking a different approach, according to an email message sent to Traton Homes by Paul Mullings, a dissatisfied home buyer.

In that email message, Mr. Mullings "question[s] the integrity and business practices of Traton Homes[,]" given the broken promises and questionable business practices by Traton Homes. Specifically, Mr. Mullings accuses Traton Homes of "attempt[ing] to sell [the Mullings] property that they [Traton Homes] never owned." This, despite holding onto tens-of-thousands of dollars of the Mullings' money.

In exasperation, Mr. Mullings notes: "We incurred significant cost satisfying our part of the purchase agreement, including loan approval and associated expenses, visits to the design center to chose finishes, interest rate lock-in, storage costs of our belongings due to an undetermined closing date . . . just to name a few."

As a result of Traton Homes' unsatisfactory business practice, Mr. Mullings will likely walk away from this transaction. And, Traton Homes will have alienated another potential customer, an imprudent decision given the state of the housing market.

When others have been asked, it appears that Mr. Mullings' experience with Traton Homes is not an isolated incident. Rather, others have questioned Traton Homes' business practices and the integrity of the company.

Reporting for Traton News,

Ingrid Ingram

Mr. Mullings' email message to the real-estate agent for Traton Homes recites, in relevant part:

From: PAUL MULLINGS
To: stevenplee@comcast.net
Sent: Monday, April 18, 2011 9:40 PM

Steve, at this point we are not interested in lot 4 at Holmes and frankly, I am at the point where I question the integrity and business practices of Traton Homes. We have patiently waited for a "signature" for nearly three weeks, and still no signature. We gave Traton a $7500 cash downpayment two months ago, followed by an additional $12,000 in cash for upgrades. All we have to show for the nearly $20,000 earnest money that we put forth is a purchase agreement that has not been initiated on your end. I doubt I will ever understand why Traton attempted to sell us property that they never owned. That said, we will give Traton until COB friday, April 22, to obtain the elusive signatures. If we do not come to closure by then, then we fully expect to be made whole immediately. We incurred significant cost satisfying our part of the purchase agreement, including loan approval and associated expenses, visits to the design center to chose finishes, interest rate lock-in, storage costs of our belongings due to an undetermined closing date . . . just to name a few. I am certain that you will agree that we have been patient and understanding, however, we have reached our limit . . . . I do not blame you for this unfortunate situation. We are in a position to purchase a home now, and the delays that we have experienced are no longer acceptable.

Also, a copy of the letter from Mr. Mullings' real-estate agent to Traton Homes shows:
coldwell_mullings

TRATON HOMES: Cobb County Foreclosure Forecast Appears Bleak for September

2011-09-03T14:51:00.000-07:00

According to the Marietta Daily Journal, Cobb County appears to be in for trouble with foreclosures and a drop in new housing permits. By the numbers, there are 1,256 foreclosures scheduled for September, which is a 16 percent increase from August.

New construction also shows no sign of quick recovery, though the numbers in Cobb for this year show much more new construction going up than in the past two years. While Traton Homes continues to build, some question the quality of those homes, especially since new homes are being built to be "affordable."

Reporting for Traton News,

Morley Moore

TRATON HOMES: Home Buyers Dissatisfied with Traton Homes' Failure to Resolve Title Issues

2011-05-30T17:35:00.000-07:00

A recent letter to Traton Homes reveals how Mr. and Mrs. Mullings have been given the "run-around" by Traton Homes.

TRATON Title Problem Letter Lee Mullings Reeves

Apparently, in numerous conversations with Joshua Hilscher (Vice President for Traton Homes) the company had repeatedly postponed the closing of 4598 Wigley Estates Drive, Marietta, GA 30066. Traton Homes apparently had stated that there was an issue with the title. However, according to the letter, the closing attorney's search revealed no issues with the title.

From the tone of the letter, it seems as if Traton Homes continues to accumulate dissatisfied customers.

Reporting for Traton News,

Morley Moore

TRATON HOMES: Ridiculous Warranty Issue Plagues Traton Homes Customer

2011-03-22T19:15:00.000-07:00

When a customer buys a half-million-dollar house, he hopes that there will be no issues to sour his experience. Unfortunately for Jay Hutchison, his half-million-dollar purchase experience from Traton Homes was not as perfect as he hoped.

A recent email message from Mr. Hutchison highlights some shoddy workmanship relating to his purchase, which he repeatedly calls his "house" rather than his "home." While Mr. Hutchison's letter is not all negative, he emphasizes that the warranty issue "negatively altered [his] perception of the whole experience." In specifying his issue, Mr. Hutchison wrote:

The fact that we paid Traton nearly a half million dollars for our house, and got no warranty on the $11,000+ deck, and specifically the $1000 stairs, when everything else in the house is warrantied, is ridiculous. I was very offended at being made to swallow that bitter pill as the paying customer . . . .

Continuing to voice his dissatisfaction, Mr. Hutchison wrote:

A lot [of] the decking was installed upside down, (which I noticed the first time I walked onto it), the screen porch was designed to have silver screens screwed straight onto very barky and twisted 4x4's, the railings were poorly attached with only 2.5" nails, and the railings and stairs weren't reinforced enough to be "sturdy." But alas, no warranty or recourse.

Going so far as to say that the resulting house "goes against the spirit of workmanship and confidence that Traton promotes[,]" and that this was "was far below the quality that Traton strives for, or holds itself to[,]" Mr. Hutchison recounts how he was forced to take matters into his own hands, pry out the upside-down-installed deck boards, and spend several days installing 4x4 posts and 2x4 supports.

Despite his efforts, it still appears that the whole lower flight is wobbly, thereby requiring "more deck work." As of the date of his email message, he had already put over a full work-week into the decking and railings.

In his penultimate note of exasperation, Mr. Hutchison notes that he is "not sure how this is acceptable that these issues are my problem[.]"

Others that have experienced first-hand how Traton Homes treats its customers have noted that Mr. Hutchison's experience resonates with them, insofar as the quality that Traton Homes touts is jarringly at odds with what the Marietta-based company delivered. A quick glimpse of the negative press that Traton Homes received in the past shows that Mr. Hutchison is not the only one with complaints.

Given that the economy does not look favorably on home builders, these types of issues should be rare occurrences, rather than commonplace experiences.

Reporting for Traton News,

Ingrid Ingram

TRATON HOMES: Touchstone Homes Wins Two OBIE Awards

2010-11-19T09:44:00.000-08:00

The 30th Annual "Then & Now 1980-2010" OBIE Awards Gala was held at the Buckhead Intercontinental Hotel on 2010 November 13. At the Awards Gala, Touchstone Homes won one Gold OBIE Award for its Single Family Detached home plan, and also one Gold OBIE Award for Single Family Attached home plan.

These Touchstone Homes included flexible floor-plans and Energy Star Certification, among many other features. Included in the Touchstone Homes floor-plans are the Huntingdon plan and the Halifax town-home plan, both of which can be found on Touchstone Homes' website.

Reporting for Traton News,

Morley Moore.

TRATON NEWS: Traton Marketing Blitz

2010-10-25T22:26:00.000-07:00

In a recent effort to attract more publicity, Traton News has established some more sites that display the titles of all of its articles. These sites include:

Traton

Traton Ratings

Traton Reviews

Traton Homes and Neighborhoods

Traton Homes Sucks

Traton Documents

and

Traton Sucks

With the addition of these sites, it is likely that more readers will be attracted to the articles posted by Traton News.

Reporting for Traton News,

Morley Moore and Ingrid Ingram.

TRATON NEWS: The New Face of Traton News is on Facebook

2010-10-23T19:40:00.000-07:00

Because of the popularity of Traton News, we have created a new face. Specifically, the new face for Traton News is on facebook!

Traton News on Facebook.

Reporting for Traton News,

Morley Moore and Ingrid Ingram.

TRATON NEWS: Banana Republic Offers Flat-Rate Shipping for All Orders

2010-10-19T08:19:00.000-07:00

As seen from the advertisement on this delivery confirmation, Banana Republic now offers free flat-rate shipping of $7.00 on all of its orders. However, a close review of the confirmation shows that the shipping is free for large orders.

With Christmas being only two (2) months away, consumers may wish to take advantage of this shipping deal while it lasts.

Reporting for Traton News,
Ingrid Ingram

TRATON NEWS: John Wieland Tops while Traton Homes Fails

2010-10-19T07:59:00.000-07:00

In the latest 2010 J.D. Power & Associates New Home Builder Customer Satisfaction Survey, John Wieland Homes and Neighborhoods took top honors for highest customer satisfaction. Following closely was Ryland Homes.

Conspicuously absent from the list was Traton Homes. This now marks back-to-back consecutive years in which Traton Homes has failed to even make the J.D. Power list for customer satisfaction.

A quick review of comments about Traton Homes shows that customer service at Traton Homes has been steadily declining.

Reporting for Traton News,
Ingrid Ingram

TRATON NEIGHBORHOODS: Recent Communications between CBS and Milburn Poston Suggest More Issues at Creekstone by Traton Homes

2010-08-17T16:24:00.000-07:00

In a recent article, Traton News reported that there may be issues relating to the bio-retention pond at Creekstone Manor by Traton Homes. A recent email message between Community Bank of the South (CBS) and Milburn Poston, an officer and one of the founders of Traton Homes, suggests that there may be other issues with Creekstone Manor. The email message cryptically recites, in its entirety:

I haven’t heard back from Alan Bowling as of yet. Milburn mentioned to me today about some other issue at Creekstone? Just following up.

As of now, those details have not yet emerged.

Reporting for Traton News,

Ingrid Ingram

TRATON NEIGHBORHOODS: Bio-Retention Pond Issue at Creekstone Manor by Traton Homes

2010-08-10T05:40:00.000-07:00

A recent email message from an employee of Community Bank of the South (CBS) reveals an issue with the bio-retention pond associated with Creekstone Manor (a development b Traton Homes). The details of a meeting between CBS and Keith Adams of the City of Roswell are unclear.

It has also been noted that residents at Creestone have been calling CBS with a good number of questions. As of this publication, it is unclear whether those questions are related in any way to the bio-retention pond issue.

Reporting for Traton News

Morley Moore

TRATON HOMES: Lakefield Manor Swimming Pool is a Large Toilet Bowl

2010-04-03T19:02:00.000-07:00

The true craftsmanship and design skills of Traton Homes, the developer and builder of the homes in Lakefield Manor subdivision in Cobb County, Georgia, is exhibited via its swimming pool design. The satellite picture of the swimming pool shows that it is simply an oversize toilet bowl.

When asked about this peculiar design, one individual commented:

It doesn't surprise me that Traton Homes designed its swimming pool to look like a toilet bowl. I've heard some horror stories about how Traton Homes has treated some of its customers, and it seems as if the way that Traton Homes built the swimming pool is reflective of how Traton Homes treated its customers - pretty sh*tty.

An Internet search on customer satisfaction with Traton Homes also reveals that the toilet bowl may be an apt symbol.

Reporting for Traton News,
Ingrid Ingram

TRATON HOMES: Traton Homes Disrupts Yet Another Home Owner's Life

2010-02-25T08:04:00.000-08:00

Traton News previously reported on how Traton Homes ranked well below average in a survey by J.D. Powers and Associates. In that article, a former homeowner noted high levels of dissatisfaction with Traton Homes.

According to an anonymous source, yet another homeowner is experiencing trouble with their home, which was built by Traton Homes. Apparently, due to some blunder by Traton Homes, Sean and Sara Yanes has had so much trouble with their home that they were forced to move out of the home, incurring costs and experiencing misery due to the problems caused by Traton Homes.

Rick Foster, who represents Traton Homes with reference to the Yanes family ordeal, is the same individual that was responsible for the debacle between Traton Homes and Mr. Chris Moses, which resulted in a bitter lawsuit against Traton Homes. The following email message from Ms. Yanes (including all typographical errors) conveys the frustration that the Yanes family is experiencing with Traton Homes.

Subject: Accomadations
From: sarayanes [sarayanes@bellsouth.net]
Date: 2/20/2010 9:54 AM

Good morning Rick -

In light of our being moved, again, out of this room because of prior reservations, we will be finding a different hotel to move into. We have to vacate tomorrow. I will let you know where to move the account information as soon as possible.

Rick, we're wearing out. My children are crying daily, saying they miss our cats, their friends, and their bedrooms. What are you doing to make sure that Traton Homes, which you are a representative for, will "do the right thing"? We haven't moved forward and must be doing so to solve the severe damage that your company is liable for. This was a house that your company built, but it was our home, and we want it to be so again.

Thank you for making sure that you are going to do "the right thing."

Sara

According to our sources, as of 2010 January 24, the Yanes have spent $605.52 in hotel expenses, lodging for their animals, food, and other items related to their displacement from their home.

When asked about the Yanes' ordeal, one source commented:

Knowing what I know about Traton Homes, and their penchant for unreasonableness, my prediction is that the Yanes will have a long and hard road ahead of them.

Stay tuned as Traton News keeps you updated on the saga between Traton Homes and the Yanes family.

Reporting for Traton News,

Morley Moore

TRATON HOMES: Heron Bay Golf & Country Club Receives Nine (9) OBIE Awards

2009-12-21T11:11:00.001-08:00

Heron Bay Golf & Country Club received 9 OBIE awards at the 2009 Awards Gala. The Atlanta Sales and Marketing Council of the Home Builders Association hosts the OBIE Awards Gala each year, honoring the best in the real estate industry. The OBIE awards are the highest honor given for the Atlanta housing industry. Each year builders, remodelers, and marketers submit nominations with the hope of taking home a Gold OBIE.

The developers of Heron Bay include names like D.R. Horton, John Wieland Homes and Neighborhoods, and Brayson Homes.

Reporting for Traton News,

Morley Moore.

TRATON HOMES: Bowen Family Homes Wins Four (4) OBIE Awards

2009-12-21T11:10:00.000-08:00

Bowen Family Homes was awarded four (4) OBIE Awards during the awards gala, which was held at the Cobb Galleria on 2009 November 7. The OBIE Awards are the highest honor given for the Atlanta housing industry. Thus, the fact that Bowen Family Homes took four (4) of the coveted awards speaks volumes.

Not surprisingly, absent from the 2009 OBIE Awards list was Traton Homes.

Reporting for Traton News,

Moore and Ingram

TRATON NEWS: Action of Traton Homes' Officer Bolsters Appearance of Non-Payment of Real-Estate Agent Commissions

2009-08-27T14:04:00.000-07:00

Recently, it has come to our attention that Mr. Dale Bercher, an officer for Traton Homes, has visited our site and read our post "Procedures at Traton Homes may Deprive Real-Estate Agents of Commission." In that post, we invited those at Traton Homes to provide information on whether or not the real-estate agent was properly compensated.

It is odd that Mr. Bercher, while visiting the site and reading this post, has failed to leave any indication as to whether or not the real-estate agent was properly compensated for her efforts. Specifically, Mr. Bercher's visits include:

24th August 2009 13:18:20
TRATON EXCLUSIVE: Procedures at Traton Homes may Deprive Real-Estate Agents of Commission

24th August 2009 13:21:09
TRATON EXCLUSIVE: Procedures at Traton Homes may Deprive Real-Estate Agents of Commission

Regardless of spending time reading the post, Mr. Bercher has not indicated whether or not Traton Homes treats the real-estate agents fairly.

Had this been our company, we would have made every effort to set the record straight.

Stay tuned for any updates on whether Mr. Bercher responds, or whether he remains silent.

Reporting for Traton News,
Morley Moore

TRATON NEWS: Procedures at Traton Homes may Deprive Real-Estate Agents of Commission

2009-08-16T18:09:00.000-07:00

A recent anonymous comment, posted in response to our report on a lawsuit in Cobb County, reveals a problem with procedures at Traton Homes, which may deprive real-estate agents of their rightful commission.

According to the comment, a real-estate agent spent a considerable amount of time and effort in directing potential buyers (Brad and Danielle Mooney) to Traton Homes. Despite these efforts, the Mooneys contacted Traton Homes directly and negotiated an agreement with Traton Homes in the absence of the real-estate agent. Consequently, the Mooneys and Traton Homes entered into a purchase agreement that left the real-estate agent without any commission.

The comment, which included a memo that appears to have been written by the real-estate agent and directed to someone at Traton Homes, redacts both the name of the agent who was involved in this incident and the name of the person at Traton Homes to which the memo is directed. For some odd reason, however, the memo does nothing to redact the names of the home buyers, Brad and Danielle Mooney, which the author of the memo implies did "not own up to the truth."

The redacted memo is reproduced in its entirety below.

DATE: August 3, 2009
TO: [NAME] and [NAME], Traton Homes
FROM: [NAME], [COMPANY] Realtors
RE: Pre-Sale Hays Farm, Brad and Danielle Mooney

[NAME] and [NAME]:

I wanted to make you both aware of events that have transpired with a Buyer client of ours from the firm, Brad and Danielle Mooney, and their new pre-sale contract in Hays Farm on, August 2, 2009.

As you know [COMPANY] Realtors is proud to highly promote Traton Homes to our buyers. The week of July 20th, 2009 Danielle and Brad Mooney called into our firm and decided they wanted us to represent them in purchasing a new home. [COMPANY], Broker, assigned the new client to me to find them a home as they were qualified and ready to purchase right away. Upon taking them out for the day on July 25, 2009 I made it a point to discuss new construction versus resale and was very quick to point out Traton as the best builder of choice in the area. I drove them by Hays Farm, Paces Farm and even told them about my own Traton home I lived in for 10 years. Additionally we drove by Sandtown Park and looked at a resale in Lakefield Manor. I emphasized the quality of the building and the outstanding value for the money.

As we were driving by Paces Farm I pointed out the community and told them about my most recent buyer I took into the neighborhood and the great floorplan and service she received. At that time Brad Mooney was still a bit apprehensive about new construction and felt resale was the best avenue for them. By the end of the day we had narrowed our search to 3 homes, all resales. For the past week, I have made follow-up calls and sent follow-up e-mails as we were to go out again for second showings.

To my great surprise I get a phone call from Danielle Mooney the afternoon of August 3, 2009 informing me that she and Brad wrote a contract yesterday in Hays Farm for a pre-sale and stated: 'you even know the plan' as it was the same one my other client purchased in Paces Farm. It appeared evident the buyers did not say they had an agent as they felt they would be getting a better deal. I think if a buyer is asked the question "do you have an agent" and think they will get an incentive by answering no, then they will never own up to the truth because they want the incentive.

I feel that I lost a buyer and a sale because I really talked up a Traton Homes only to find out if a buyer answers no to the agent question they could get money off the house or toward other incentives. I know that Traton had no idea that these were our buyers because they answered no to see if they could get a better deal and wound up getting one most likely. When all is said and done, I feel I was the procuring cause of the sale. I just felt that Traton should know what happened.

Regards,

[NAME]
Senior Real Estate Consultant
[COMPANY] Realtors

As of now, Traton News is unsure of whether this situation has been remedied and whether Traton Homes has properly credited (or will properly credit) the real-estate agent with the commission, or whether Traton Homes will simply ignore this memo and keep the profit.

By posting the original redacted memo in its entirety, we hope that our readership will provide us with input that will allow us to discover the identities of both the author of the memo and the recipient to which the memo was directed. We also invite those at Traton Homes to provide us with feedback so that we can report on whether or not the real-estate agent has been properly compensated.

Reporting for Traton News,

Morley Moore.

TRATON HOMES: Traton Homes Shows Steady Decline Over Past Three Years

2009-05-21T06:11:00.000-07:00

Builder Magazine Online recently released its 2008 Builder 100 list. According to the list, D.R. Horton, Pulte Homes, Centex Corp., Lennar Homes, and KB Home top the list.

As we have done in the past, we reviewed the performance of Traton Homes over the past 3 years to see how they performed. According to BuilderOnline, Traton Homes' closings were down by 37% and Traton Homes' revenue declined by 43%, as compared to its 2007 numbers. Tracing back to the 2007 numbers, Traton Homes declined 27% and 23% in closings and revenue, respectively, from its 2006 numbers.

A simple calculation shows that the decline of Traton Homes over the past three years is an incredible 54% for closings and an even-more-astonishing 56% for revenue.

Part of the reason for the decline may be the economic woes that every home builder faces. However, there are some who speculate that woefully deficient customer service by Traton Homes has resulted in negative impressions of Traton Homes, which has spread through various Internet sites, such as Traton Sucks, webgripesites.com, and Exposing New Home Builders.

For example, the comment from webgripesites.com shows Traton Homes documents as reciting "I was surprised to learn how much Traton truly did not care about their customers!"

Given the economic crisis facing home builders, Traton Homes has a long way to go to improve its image with customers.

Reporting for Traton News,

Morley Moore.

TRATON HOMES: Traton Homes Negatively Affected by Economy

2009-04-06T04:39:00.000-07:00

Recent news indicates that Traton Homes has been negatively impacted by the down-turn in the economy.

According to the article, Traton Homes has been forced to significantly reduce its staff. In fact, it appears that over the past two years Traton Homes has reduced its staff by almost 25% due to the negative impact that market forces have had on the company.

Scrutinizing "literally every dollar," the home builder has had to change some of its business practices to adapt to the new market. Clif Poston (Executive Vice President, 38) and Chris Poston (Senior Vice President, 34), who have taken over the operation of the company from Bill Poston and Milburn Poston (brothers who co-founded the company) have focused on the metro-Atlanta area.

When asked about the operation of Traton Homes and how the economy has affected the home builder, one individual indicated that Traton Homes' woes may be due more to horrible customer service than the economy. Citing to a now-removed gripe site, tratonsucks.com, the individual notes the struggle of one home-owner, Chris Moses, in his battle against Traton Homes. "When you hear about what they did to this guy, it really is atrocious," notes the individual, who has asked to remain anonymous.

While all of the contents of tratonsucks.com has been removed, a search of the archives reveals some of the cached contents that reveal the company's negative attitudes toward their own customers in an effort to maximize the company's profits.

In difficult economic times, such as this, scrutinizing "literally every dollar" will only go so far if the customer service is woefully deficient.

Reporting for Traton News,
Ingrid Ingram

TRATON HOMES: Lakefield Manor Home Sells for 1/6 of Original Price

2009-03-27T09:21:00.001-07:00

Charles M. Calhoun and Tammy B. Calhoun lived at 2566 Lakefield Way in Marietta, Georgia. Mr. Calhoun is a police officer and Tammy, his wife, is a real-estate agent. In fact, Tammy is a real estate agent for Traton Homes, and was involved in several of the sales of the Lakefield Manor subdivision. For some odd reason, the Calhouns sold their home in May of 2008 for almost 1/6 of the original purchase price.

In 2003, the home was purchased by the Calhouns for $283,300. Peculiarly, that same home was sold in 2008 for a pithy $50,000. What is even more odd about the transaction is that the home was sold (so it seems) to the Calhouns. Yes, you heard that right, the home owners sold the home to themselves for 1/6 of the original purchase price.

While we at Traton News are not sure why the Calhouns sold the home to themselves, one thing that is certain is that the apparent fire sale of the Calhoun home effectively reduced the home values for all of homes in the Lakefield Manor subdivision.

When asked about this odd transaction, one individual simply commented:

It baffles me why Tammy would sell her own home, in her own subdivision, for such a rock-bottom price. If I were one of the homeowners in Lakefield Manor, especially one that used Tammy Calhoun as a real-estate agent, then I would feel somewhat betrayed. Follow if you will. I buy a home in a subdivision that Tammy Calhoun recommended, and hope that the home will appreciate in value. And then I find out that the Calhouns torpedo the home prices in Lakefield Manor by selling their own home for 1/6 of the original purchase price. Of course, it may be understandable if it were a foreclosure sale in which the Calhouns lost their home. Then, I would have some sympathy for them. But, they sold it to themselves for a measly $50,000. All that does is depreciate the value of the homes in the neighborhood, since the "comps" are now set at a low bar.

While we at Traton News are still investigating the facts, we are currently hard-pressed to find a reasonable explanation for this sale.

Reporting for Traton News,
Morley Moore and Ingrid Ingram.

TRATON NEIGHBORHOODS: Traton Homes Recognized as Cheaper Homes by the Atlanta Journal Constitution

2009-01-22T15:43:00.000-08:00

A recent article by the Atlanta Journal Constitution ("AJC") noted that a metro-Atlanta-based developer, Traton Homes, is responsible for building cheaper homes that lower property values.

In the saga of Hays Farm, located in Cobb County, Georgia, Traton bought a number of foreclosed lots and began building cheap homes, thereby lowering the property value of the entire subdivision. The original residents were outraged due to Traton Homes' devaluing of the subdivision's property. However, according to the AJC, the residents of Hays Farm had little-to-no recourse against the new developer.

Two individuals, one in the legal profession and one in real estate, both indicated that the residents could have done something about the property, had they thought about the problem sufficiently. When asked about the potential solution, the attorney stated as follows:

Every homeowner in that subdivision is a member of the homeowners' association, or HOA. And, I bet that the subdivision covenants expressly recite that the purpose of the covenants is to protect the value of the homes and keep them from depreciating in value. Of course, the HOA would still be managed by the developer until the subdivision is completed. However, the officers of the HOA, who are likely the same as the developer, have a fiduciary obligation to look out for the best interest of the homeowners.

So, if all of the original homeowners went to the HOA and asked the HOA to amend its covenants to require all homes to be of a certain quality, then it is possible that the improved quality would translate into an increased home value. In other words, it would have been easy to set structural guidelines to prevent Traton Homes from building cheap homes.

The officers of the HOA would not have to amend the covenants at all, if they did not wish to amend them. However, if the HOA did not amend the covenants to prevent the depreciation of the current homes, then there would be a strong argument from the original homeowners that the officers were not acting in the best interest of the homeowners and therefore breached their fiduciary duty to the homeowners.

What is nice about this approach is that the officers themselves would be personally liable for the breach. So, in essence, the officers would need to "pick their own poison." On one hand, the they would need to "fix" the covenant so that better homes were built, thereby protecting the home value in that subdivision. On the other hand, they could be sued for breaching their fiduciary obligation to the homeowners, thereby requiring them to pay for the depreciated home value out of your own pockets. Weighing the greed of a developer against the plight of helpless homeowners makes for a great story in front of a jury.

Of course, being an attorney, I have to include the disclaimer that this approach may not have worked. But, it would have been a lot better than seeing my home depreciate in value to the point that the loss is unrecoverable.

When asked about this approach, another individual, speaking on conditions of anonymity, stated:

It may not be too late to take that approach at Hays Farm. The original homeowners that have the expensive homes have a great incentive to prevent additional cheap homes from being built, since those additional cheap homes would further depreciate the value of the neighborhood.

Even the new homeowners have an incentive to make Traton Homes build more expensive homes. If more expensive homes are built, then the owners of the cheap homes will see a corresponding increase in their own property values. It's in the best interest of all of the current homeowners. The only downside would be on the developer, who would be faced with the Hobson's choice of spending more money on building expensive homes, or being faced with a potential lawsuit for breach of fiduciary duty.

In fact, even for Traton Homes, it may not be a bad thing, since they likely have a greater profit margin on more expensive homes.

Whether the homeowners of Hays Farm will let bygones be bygones, or whether they will re-open old wounds by considering this option is still up in the air.

Reporting for Traton News,

Moore Ingram

TRATON HOMES: Traton Homes Turns Up a Big Zero at the 2008 OBIE Awards

2008-11-19T18:36:00.000-08:00

Unlike Bowen Family Homes, which garnered quite a few honors at the 28th Annual OBIE Awards for 2008, Traton Homes walked away with no recognitions.

The fact that Traton Homes received no honors is not surprising, in view of some reports that Traton Homes provides deficient customer service.

As compared to Traton Homes, Traton News is not aware of any complaints relating to Bowen Family Homes' customer service. Not surprisingly, Bowen took high honors at this year's OBIE Awards.

Reporting for Traton News,

Moore and Ingram

TRATON HOMES: Bowen Family Homes Wins Four Gold and Two Silver OBIE Awards

2008-11-19T18:18:00.000-08:00

During the Greater Atlanta Home Builders Association’s 28th Annual OBIE Awards Saturday, November 8, 2008, Bowen Family Homes won four Gold OBIE Awards and two Silver OBIE Awards.

Bowen's "Dollars for Dreams" home event received two Gold and one Silver OBIE Awards. The Bowen sales and marketing team received one Gold, and two of Bowen Family Homes' communities took Gold OBIE Awards for Best Building Design.

According to a press release by Bowen Family Homes:

Since 1969 the Bowen name has stood for excellence in new home construction and community development. Recognized as the 25th largest privately owned builder in the country by Builder Magazine for 2005, Bowen Family Homes is a dynamic homebuilder with operations in Georgia, Florida and Texas. The Atlanta Business Chronicle ranked Bowen Family Homes 4th among metro Atlanta builders in 2006 and 30th among Atlanta’s Top 100 Private Companies for 2006. Additionally, Builder Magazine named Bowen Family Homes the nation’s 43rd largest homebuilder in 2007. These successes have been achieved by simply offering the best new home value in all price ranges.

We extend our heartiest congratulations to Bowen Family Homes!

Reporting for Traton News,

Moore and Ingram