Response to Two
Home Up Release One Release Two Response to Two Release Three Release Four Response Letter Release Five Response to Five Lawyer's Response

e-mailed to Peter Thompson on 8 February 2002

AGREEMENT

(Draft)

This agreement is made between homeowners, XXXXXXXXXX, ("xxxxxxxxxxxxx") and the builder, Richmond American Homes of Virginia, Inc. ("Richmond American") to resolve specific concerns and issues raised by Xxxxxxxxxxxxx to Richmond American as hereinafter set forth.

WHEREAS, Xxxxxxxxxxxxx entered into a Purchase Agreement with Richmond American dated May 14, 2000. The Purchase Agreement provided for the construction and sale of a new home in XXXXX County, Virginia, with a street address of XXXXXXXXXXXX, VA ("Home"). The Home was constructed by Richmond American and sold to xxxxxxxxxxxxx on October 23, 2000, and

WHEREAS, Xxxxxxxxxxxxx have notified Richmond American that there are and/or were certain defects associated with the Home, and especially related to the structure, walls, flooring, covering, draftiness, insulation, and landscaping of the Home, and

WHEREAS, it is now the desire and express intention of Richmond American to resolve such defects, and Richmond American have agreed to execute this agreement in full, and

WHEREAS, Richmond American agrees to satisfactorily perform and sufficiently correct the following deficiencies, at the Home, according to established quality workmanship, material standards, and building codes, within a period of not more than three (3) weeks starting on TBD.

  1. Squeaking and uneven sub-floors shall be repaired and adjusted on the 1st and 2nd levels;
  2. Overlay (and screw fasten) one half inch plywood over existing sub-flooring on the first and second floors;
  3. Adjustment of the bottoms of doors after the installation of the one half inch plywood floorboards;
  4. Replacement of existing carpet with new carpet of the same original selection shall be laid on the stairs and entire 2nd floor except the two bathrooms and laundry room;
  5. Replacement of existing vinyl with new vinyl of the same original selection shall be laid in the 2nd floor master bathroom, hall bathroom, and laundry room;
  6. Draftiness and insulation problems of the home shall be corrected, especially in the areas of the Master suite, Fireplace, Front Door, Garage Door, and Basement;
  7. Uneven bulges, seams, stud attachments and nail pops on all wall surfaces across the entire house to be repaired and/or adjusted;
  8. Family Room windows problems shall be corrected for proper installation, as they are binding and/or loose;
  9. Stained/Discolored fireplace stones to be replaced;
  10. Structural noise in the presence of wind shall be addressed;
  11. Protruding, uneven and out of square tiles in Master Bathroom shall be corrected;
  12. Trim finish in both upstairs bathrooms shall be corrected;
  13. Distressed and dead lawn shall be aerated, over seeded, and fertilized, or replaced with new healthy lawn;
  14. Hole from relocated tree shall be back-filled with Sod;
  15. Ailing/dead trees and plants at the front of the house shall be replaced with new healthy tress/plants of the same kind and species;
  16. Exposed drainage pipe at the rear of the house shall be reoriented and positioned correctly so that it drains away from the house;
  17. Stains on front concrete stoop shall be removed;
  18. Install hardwood floors, Bruce CB-826 Solid Edge, Butterscotch, on the entire first level

NOW THEREFORE, after the completion of items 1 through 18 above, Xxxxxxxxxxxxx agree to the following:

      A. Permanently remove, and forever not republish, all displays, e-mails, items, or matters regarding or related to the Purchase Agreement, and Richmond American from the website at http://members.home.net/orion-77;

      B. Except as to any disclosures which may be required by law, shall not distribute or reveal this Agreement or disclose the fact, nature, terms or conditions of this Agreement to firms, organizations, or agencies.

Richmond American shall warranty all work performed as set forth in 1 through 18 above for a minimum of one year;

Xxxxxxxxxxxxx preserve all rights they have under their RWC New Home Warranty, without exception;

Richmond American and Xxxxxxxxxxxxx understand and agree that the terms of this Agreement are contractual and not mere recitals, and that they are duly authorized and competent to execute this Agreement, and that they have read this document carefully and understand its contents and meaning;

This document recites the entire Agreement between the parties, and such Agreement may not be amended, altered, modified or changed unless such amendment, alteration, modification or change is in writing and is signed by all of the parties to be charged thereby;

The terms of this Agreement shall only be binding with the signatures of each of Richmond American authorized representative and xxxxxxxxxxxxx;

This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia.

 

 

_______________________________ DATE: ____________________________

Richmond American Homes of VA, Inc.

(Authorized Representative)

 

____________________________ DATE: ____________________________

XXXXXXXXXXXXXXX

 

____________________________ DATE: ____________________________

XXXXXXXXXXXXXXX