WININGER CONSTRUCTION

In June of 2020, my husband and I purchased our new home in Highland Park Estates from Wininger Construction. From the beginning, we were told by the realtor, Jay Kohlmeir of Millican Realty, that Tom Wininger was a reputable, fourth-generation builder in Bloomington. Jay also informed us that our new home included a two-year warranty, in addition to one-month and one-year walkthroughs. We were assured that any problems discovered after move-in would be addressed thoroughly and promptly. Despite these assurances, the entire experience (from purchasing/contracting to closing to post move-in repairs) has been completely unprofessional, disrespectful, and disorganized. After we had signed our purchase contract, there were several times that we were sent emails from Jay Kohlmeier on behalf of Wininger Construction informing us of changes to the closing date and to the purchase price. The emails included statements saying that amendment documents would be sent soon; however, these changes were not brought to our attention or discussed with us prior to receiving the emails. It was as if we were expected to just sign new amendment documents without any discussion of the items being amended. This behavior was completely unprofessional. Additionally, our pre-move in walkthrough was not completed by a licensed contractor and instead was conducted by the realtor who did not have adequate knowledge about the repairs needing to be made prior to closing. Within the first few weeks after closing, we discovered multiple items that required repairs and we immediately contacted Wininger Construction through phone calls, emails, and in-person visits to attempt to get our issues addressed; however, their communication was inconsistent and many of our problems went unaddressed and ignored. We ended up having to document every instance of communication, as Wininger Construction has no system for tracking and monitoring post-move in repairs and warranty-related items. The problems with our home included (but were not limited to): broken and chipped window frames on every window on the back of the house, over 15 scratches and chunks out of the brand-new laminate wood flooring, front and back doors that were not framed properly (e.g., bowing, not latching, door handle broken), fire separation from the HVAC system into the home not to code (i.e., missing), HVAC not insulated to code, a damaged gutter, an bathroom exhaust fan not vented properly, a missing grommet from the electrical panel, etc. Although some items from our initial list were repaired, at one point we were told that we had asked for “too many” repairs. As a result, we were informed that we were not going to get our one-month walkthrough, and we were told to save any other repairs for our one-year walkthrough (which has not yet been scheduled). This solution was unacceptable as our front and rear exterior doors were not opening and closing properly and were at some points, completely unusable. Furthermore, after the windows were inspected by the window supplier, the supplier provided a formal report documenting that the damage on some windows was so bad that some windows needed to be replaced. Tom Wininger wanted to send a painter out to repair the windows instead of replacing them, which we did not feel was an acceptable solution for windows on a brand-new home. When I went to Wininger’s Highland Park Estates office to discuss the window issue with the realtor in the front office, Tom rushed out of a back office and verbally assaulted me. He entered my personal space and screamed at me repeatedly to leave his office, even though I never raised my voice to him. I was only inquiring why a painter was being sent to repair the windows, when the window supplier stated that some windows needed to be replaced. Tom refused to even discuss the problem with me and screamed at me until I was forced to leave the office. My husband was on speakerphone and was a witness to this entire altercation. Tom’s behavior was reprehensible, disrespectful, and absolutely unacceptable given the nature of the situation. In my opinion, Tom Wininger, Wininger Construction, and associated relators at Millican Realty, believe that it acceptable to bully, intimidate, and/or ignore their homeowners so that they do not have to fulfil their warranty contracts. Additionally, I believe they use these tactics to get homeowners to stop asking questions and to stop requesting repairs, so that they (i.e., Wininger Construction) are not obligated to pay for warrantied items. Moreover, it appears that Tom does appreciate being questioned by his customers after they have closed on their homes. Once he has received closing money, his homeowners no longer appear to matter to him. After all of these issues, my husband and I were forced to hire a home inspector to ensure that all issues had been documented. We also had to hire a lawyer to handle Wininger Construction’s failure to address warrantied issues (i.e., breach of contract). We have spoken with other homeowners in Highland Park Estates who have had similar issues with respect to lack of communication and failure to complete post move-in repairs. Some of our neighbors have indicated that they have just “given up” trying to contact Wininger Construction and/or they have ended up paying to repair problems themselves. The main purpose of our letter is to make sure the other potential buyers are aware of these problems now, before they sign contracts and close on their homes. This is our second time purchasing a new construction home, and we did not have any of these same issues with our previous construction company. If we could do everything again, we would NEVER purchase a home from Wininger Construction and Tom Wininger, nor would we use the realtors from Millican Realty contracted by Wininger Construction. If you plan to purchase a home from Wininger Construction, we recommend that you: 1) use your own realtor, 2) get everything in writing during every step of the home-buying process, 3) hire a reputable home inspection company prior to closing, and 4) have all repairs completed before officially closing. Additionally, we recommend documenting all communication (e.g., phone calls, emails, verbal conversations).

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