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CalAtltantic's sales conduct violated the Texas Deceptive Trade Practices Act ("DTPA") a consumer protection statute enacted to protect consumers from false, misleading and deceptive acts and practices. CalAtlantic violated the DTPA by failing to disclose information concerning goods or services which was known at the time and such failure to disclose such information was intended to induce us into the sales transaction into which we would not have entered had the information been disclosed.

Throughout the process, we were not communicated timely by our sales person, Cindy Miranda, had to make calls to the corporate office on multiple occasions in an attempt to get a response. We were told by their salesperson, Rachel, that there was no lot premium. We deposited $10,000 of refundable earnest money with CalAtlantic. After the refundable period for our deposit ended, Cindy Miranda told us that if we still wanted to build the preferred model that we would have to pay a $15,000 lot premium.

Additionally we needed to sign the contract without a chance to review it beforehand. Under duress of losing $10,000 we signed the sales contract. CalAtlantic did not sign-off on the correct list of options and upgrades. Once we had completed the design center process and chosen our upgrades and options, CalAtlantic signed off on the list without the low-voltage wiring upgrades.

We had to correct the list for them. At the meeting that showed them they signed the incorrect list, they asked for a check from us for $56,000. We were not told by them that we would have to pay for our options prior to closing. We would not have signed the contract had we known.

Additionally, the salesperson lied to us by telling us that they had already ordered the options; however, the regional manager, Kathy Kerr, told us if we didn't want some options then they just not be ordered. Sib Woehr, sales assoc., Trish Russell, loan officer, stated CalAtlantic does not refund earnest money to consumers. CalAtlantic has not responded either to me or my attorney. They will not accept phone calls from me or my attorney.

They do not respond to the demand letters and requests to speak with them by me or my attorney. The sales agent, Cindy Miranda, discriminated against my wife, who is Hispanic; Cindy Miranda would turn around and not acknowledge my wife when she would see her. CalAtlantic Homes representatives (Cindy Miranda, Kathy Kerr, Sib Woehler) lied to us on various occasions as to the price of items, the right to our deposit and how much money we would need. CalAtlantic was unresponsive and did not respond timely to our requests which allowed the escrow period to terminate so they could keep our earnest money deposit.

We feel like they violated the Texas Deceptive Trade Practices Act and induced us into the contract by waiting until after the escrow period ended to respond to our communications, they withheld information, they did not communicate with us timely and they constantly misinformed us as to prices, availability, and contractual terms. We were not give a copy of our contract until after the escrow period had terminated. We were made to enter into the purchase contract under duress and threats that we would not get the lot and home model unless we signed the contract quickly without time for review. So basically, we were lied to, misinformed, not informed, discriminated (racial/ethnic) against, induced under duress, and ignored by CalAtlantic Homes.

I have attached the demand letter sent to CalAtlantic by our attorney, which was never responded to by CalAtlantic.

Additionally, CalAtlantic did not attempt to correct any of the violations against us, their policy is to ignore and hope that the unemployed family that they took $10,000 from will just go away. Additionally, Theresa Russell, Loan Officer NMLS 252780 from CalAtlalantic mortgages, and Sib Woehler both told me that CalAtlantic never returns escrow deposits, unless it is a VA loan, that it is a way for the Company to make extra money.

Reason of review: Other issue.

Monetary Loss: $10000.

Preferred solution: Full refund.

Ryland Homes Cons: Intimidating sales person.

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