Johnny Horner Homes

unknown

Almost two months ago, I signed a contract to build an 1875 square foot home. I was asked to put $10000 dollars down. The builder was well aware I could not gain a New Construction Loan, but was able to get a mortgage loan. He stated he would get the money for the build and we would use a city grant for $30,000 of it to help as well as our mortgage loan to pay off the New Construction loan. After over a month past nothing was done for the build not even breaking ground. We found out there were going to be no grant at the end of the build and our pre-approval letter for the mortgage loan was contingent upon my husband remaining at 80 hours a week. His hours dropped down to 60 or less and with no grant there was no possible way to build. Not to mention the builder was unable to get a loan to build to the original contract. He insisted upon us going to another location and the house would have to be smaller. We stated we did not want to do that and because nearly no service was provided, aside from a sample small drawing of the specs of the house, we asked for our full down payment back of which he stated he would give back. Now it has been near another month I talk to him once asking when I can expect the money back. He stated that I would get it back and that he was in a meeting and would call me later that day. He never called and now he is avoiding all our calls and has not given me a dime back. Today 10/4 he contacted my Realtor and stated to her that he was working on get our money back and the he was frustrated I was calling him and said not to harass him anymore. I should be able to contact my contractor if I have a contract and I have money invested. I had all right to call him and if he would have simply answered my questions and calls it would not have been an issue. Which leads me to believe he spent my funds on something else. At first this man seemed caring and like he wanted to help but problem after problem we knew it was not possible. We were expect to give our down payment on the spot, yet I can't even get a date of when I can expect my refund. It is now 10/6 and my husband got a call from Mr. Horner. After he bashed me for speaking honestly about the problem he told my husband that he was going to keep up to $2000 dollars of our money for hours he spent on an 8.5X11 quick drawing of the design of our home that he stated took over 80 hours to do. He would not let my husband speak most of the time and said he would call us on Tuesday. After waiting on 10/28 Mr. Horner finally gave a check to my Realtor for $7200 dollars to give to us. He kept $2800 dollars for blueprints that he worked on but never printed and that I never saw and was told was not done and apparently travel costs. Then he told my Realtor we would get a copy of those blueprints I was charged for and we are now in November and I don't have those prints and most likely never get them. I am thankful for getting at least some of my money back but I should have gotten a lot more than I did. I have recorded phone conversations between him and I. I would be more than willing to let someone listen to them if requested. I hope this helps.