2023A-02212-CHC-ROC Notice of Hearing and Packet MAILED

2023A-02212-CHC-ROC · Registrar of Contractors · 2023-11-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ana Moriset , Case No. 2023-02212 COMPLAINANT, Docket No. 2023A-02212-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Richmond American Construction Inc License No. ROC 206612,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

December 18, 2023 1:00 PM Adam Stone Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on September 13, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of

any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a

disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure- statement.

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated November 1, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 1, 2023 to:

Respondent(s) Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254 Richard L. Righi, Esq. 2999 N 44th St Ste 215 Phoenix, AZ 85018

Complainant(s) Ana Moriset 12623 N Appling Ave Marana, AZ 85653

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-02212 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martín Quezada, Director

Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

February 28, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-02212

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for April 7, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

March 27, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-02212

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for April 7, 2023 at 9:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely, John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C008 05/21 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Complainant: Ana Moriset Respondent: Richmond American Construction Inc

Present for the complainant: • Ana Moriset Present for the respondent: • John DeWitt of Richmond American Construction Inc • Alex Pedroza of Richmond American Construction Inc • Charles McCleese of Woodcase of Woodcase Fine Cabinetry Inc • Creighton Dixon, attorney for Charles McCleese of Woodcase Fine Cabinetry Inc

Overview of project: This is a new construction home with the close of escrow stated to be 11/22/2022 General Notes: Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.

Complaint Item 1: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: Verified. • The cabinet doors are not soft close o The cabinet doors are not soft close. o The respondent acknowledged the doors are to be soft close. • Finish o Splits/cracks, scratches, chips, and dings in doors and drawer fronts. o One missing door. o Discolored/cloudy finish in a bathroom. • Shelf o One cabinet shelf not level • Holes in drawer box o At least one drawer box with drill holes on the back panel. • Face frames o At least one area of face frame connections not flush o Areas of minor gaps between face frames • Gap at walls o Gaps between drywall and scribe moldings. Reference Pictures: 2, 4-14 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 1B: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: The following are NOT verified as a violation of A.R.S. § 32-1154(A). • Dovetail drawer boxes o The current drawer boxes do have dovetail joints. • Cut edges on bottoms of cabinets o These cut edges are a result of the product manufacturing, and not the result of the installation. This is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability. Reference Pictures: 3, 15, 16 Governing Rule: N/A

Complaint Item 2: “Drywall - Some Items were fixed but when the cable company came to fix there issue the company made a hole in the Garage Drywall, and there is still a hole by the Hood that also needs to be replaced.;” Investigator’s Observations: Verified. • Hole in drywall from recent plumbing repair • Drywall router cuts not properly repaired • Several unfinished drywall patches • Dings/dents in the drywall • Torn drywall Reference Pictures: 17-21 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Stucco - There are a few spots where I'm still seeing the chicken wire, and stucco is missed by the window that is broken in the garage.;” Investigator’s Observations: Verified. • Several areas of recent stucco repairs incomplete/unpainted. • A void in the stucco below a patio receptacle. • Glob of drywall compound / calking on the stucco in the patio area • Void between stucco and drywall ceiling at patio and entry area • Stucco on the ceilings of the patio and entry areas Reference Pictures: 22-37 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “window that is broken in the garage.;” Investigator’s Observations: Verified. • Broken glass in the garage window. The respondent confirmed this was a result of roofing work on the adjoining property. Reference Pictures: 38 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Paint Clean-up - There was paint all over my floor tiles the worker was assigned only 2 hours and they had a lot of paint on the floor. Clean-up is still needed in the Master Bdr, Mast bth,

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Arizona Registrar of Contractors Jobsite Inspection Notes Mudroom, Living Room & Fire Sprinkler as well as cleaning up the paint in the cabinets. Paint in the fire Sprinklers is an issue because they are not supposed to have pain on or around them; Paint - I have two tones of white in my home and areas where the paint was not;” Investigator’s Observations: Verified. • Several unfinished/unpainted drywall patches • Several areas of unpainted/unfinished trim • Paint runs • Areas of incorrect color/sheen of paint, drywall and trim • Paint on exterior window frames • Paint and/or drywall compound on a sprinkler head Reference Pictures: 39-51 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Windows The sliding glass was not able to close properly so went with an unsecured back door for 1 full week. They came to fix the issue but the door is still not 100% closing properly and the plastic seals are missing as well as the missing screens, the handles need to be replaced as Richmond's fix was a wire that scratched up the handles.” Investigator’s Observations: Verified. • When closed and latched, the weather stripping is not making a seal against the “H” style astragal. • Stucco/masonry debris in the lower frame/track • Some type of caulking and/or tile setting products on the inside of the frame • Missing screens Reference Pictures: 52-59 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 7: “I have 3 scratched windows in the Master Bathroom” Investigator’s Observations: This allegation is NOT verified. The complainant stated these have been replaced. Governing Rule: N/A

Complaint Item 8: “as well as 1 broken window in the garage done by the Roofers when they were installing the neighbor's roof.;” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 9: “Doors and Trim - The person showed up to take pictures only Every single one of my doors is cracked or broken, I have so many issues with the baseboards and Door trims” Investigator’s Observations: Verified. • Unfinished/unpainted filler on the doors • Gouge/gap near hinge(s) • Bumps, gouges, unfilled holes, in the finish of the trim • Runs in the paint • Unfinished/unpainted filler on the trim • Excessively sort pieces of trim used, some less than three inches in length • Poor alignment at joints/seams • Some pieces of trim broken • Some pieces of trim broken and poorly repaired • Areas of trim incomplete/unfinished RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes • Mismatched corners near master shower Reference Pictures: 60-79 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “The Master Bedroom Back door is not locked at all” Investigator’s Observations: Verified. • Strike plates and backsets poorly mortised with large gaps • At least one screw not secured into wood/lumber Reference Pictures: 80-84 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “Front Door is not sealed correctly and you have to pull firmly on the door to get it to lock” Investigator’s Observations: Verified. • Exterior trim is not sealed/caulked to the walls, allowing air infiltration Reference Pictures: 85 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 12: “Garage Door isn't closing are Required per safety standards;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 13: “Tile - Grout missing and not installed prior, have chipped tile in the corners of rooms The master bathroom has chipped and cracked tile;” Investigator’s Observations: Verified. • Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles Reference Pictures: 86-91 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 14: “Electric - Day after closing reported that the kitchen outlet is loose;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 15: “Gas Range - The range was damaged at installation, reported Prior to closing on the walkthru;” Investigator’s Observations: Verified. • The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side Reference Pictures: 92-93 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes

Complaint Item 16A: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: Verified. • Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed Reference Pictures: 94-96 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16B: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: This allegation is NOT verified. Scratches described by the complainant were not visible. Reference Pictures: 97-100 Governing Rule: N/A

Complaint Item 17: “Dishwasher - The dishwasher can't be used because it leaks when installed reported the day after closing” Investigator’s Observations: Verified. As described by the complainant, the dishwasher leaks through the door when in use. The respondent stated this is intended to be corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 18: “Bathtub in 2nd Bathroom - Chips on the tub this was reported the day after we closed;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 19: “Master Bathroom - Top handle has 3 settings 1 of them is not doing anything, this was reported at the time of closing. Reported the Day after closing.;” Investigator’s Observations: Verified. • Both parties acknowledged the valve issue has been corrected; however, the drywall repair is not yet complete. Reference Pictures: 101 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “HVAC - Outside Unit is still sinking and the Panels are still shut off by themselves - Reported the Day after closing.;” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Reference Pictures: 102 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 21: “Exterior Fire Bell - Missing Reported the Day after closing.;”

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Arizona Registrar of Contractors Jobsite Inspection Notes Investigator’s Observations: This allegation is NOT verified. The fire bell is now installed. Based on the respondent’s testing, the fire bell tested as functional during this inspection. Reference Pictures: 103 Governing Rule: N/A

Complaint Item 22: “Shower Glass in the Master Bathroom - Cratches on the window were Reported the Day after closing.;” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Countertop - Chips and stuff on the quartz reported at the walkthru.;” Investigator’s Observations: Verified. • Dark colored marks on the surfaces • Chips • Poorly filled chip near the sink Reference Pictures: 104-109 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Front Yard - The neighbors had their front yard landscaped and they placed a hill of dirt on my area which is now not allowing me to open my side of gate.” Investigator’s Observations: Verified. • The complainant stated the landscaping issue has been corrected; however, the corrective work resulted in damage to the concrete driveway. • The respondent confirmed the damage is a result of the recent work. Reference Pictures: 110 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 25: “I'm also missing the cover for my driveway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 26: “I keep getting sinkholes where the driveway meets the Rocks, due to not properly grading.” Investigator’s Observations: This allegation is NOT verified. There is a visible slope from the house towards the street. There was no evidence of sink holes during this inspection. Reference Pictures: 111 Governing Rule: N/A

Complaint Item 27: “I also have water pooling in the front walkway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 28: “as well as missing and uneven rocks in the front.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). There are small areas of decorative rock spread thin; however, there is insufficient evidence to verify this as the responsibility of the respondent. Reference Pictures: 112 Governing Rule: N/A

Complaint Item 29: “Back Yard - Reported water pooling when it rains;” Investigator’s Observations: Verified. • Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence. There should be no standing water in the yard more than 48 hours after a rain. Reference Pictures: 113-114 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 30: “Missing cover for Vent extractor in the Garage” Investigator’s Observations: Verified. • Exhaust/extractor fan in the garage is missing the cover. Reference Pictures: 115 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Items email dated 3/27/2023 at 1:19PM Complaint Item 31: “1- Corrected side area, but main front yard still has spots where there are no rocks or enough rocks to cover; there is also visible water line or cable lines from the irrigation system” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 32: “2- The master bathroom shower tile has issues with cracked and chipped tiles, as well as missing grout. Grout throughout the shower has holes or is deteriorating, the step doesn’t correctly drain towards the drain, and tile lines are not straight.” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 33: “3- The whole house is tiled, and reported grout issues along with chipped tiles, areas where grout is missing, and areas where tile is uneven above ROC standards.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 34: “4- Where tile meets trim, or tile meets cabinets, or any other non-tile surface, there is missing caulking” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 35: “5- Outside A/c unit had to be removed due to the reported A/C pad sinking; this caused the lines to crack and freon leak; the pad is still unlevel, so the unit

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Arizona Registrar of Contractors Jobsite Inspection Notes has been sitting on dirt unit for a few weeks. I want the unit inspected to avoid future issue. 6- The HVAC wiring to the master bedroom had to be redone due to wire damage. I want the corrections inspected.” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Reference Pictures: 116 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 36: “***7- Correction to prior bullet point complaint on backyard NOT graded correctly; there is water pooling that lasted over a week.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 37: “8- Report upon move-in that the view fence is loose and rebar sticking out with wood visible I was instructed to report this to HOA, but this needs to be addressed” Investigator’s Observations: This allegation is NOT verified. This back/fence was stated to be just past the complainant’s property line. Governing Rule: N/A

Complaint Item 38: “9- The RV garage door is missing a window top panel should be two.” Investigator’s Observations: Verified. • The respondent confirmed the RV door is to have two panels with glass. Reference Pictures: 117 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 39: “10- Sliding glass door is still not closing correctly and missing screen doors. The seal on the doors are also missing and causing the glas to slip per the trait.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 40: “11- Floor baseboard & trim has very noticeable cracks, the fix of wood putty is not acceptable and very noticeable” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 41: “12- The ceiling ventilators ins bathrooms and Laundry room are loose. The laundry room ventilator is making a lot of noise/” Investigator’s Observations: Verified. • The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced. Reference Pictures: 118-119 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 42: “13- Windows have areas with no caulking; they just painted without surounding with cauliking.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The gap spacing between the stucco and the window frames is less than 1/16 inch. Reference Pictures: 120 Governing Rule: N/A

Complaint Item 43: “Some windows have the railing with bowing making it hard for the window to open or close.” Investigator’s Observations: Verified. • The lower track is curling up in some windows. Reference Pictures: 121 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 44: “14- The master bedroom medicine cabinet is not flush, so door doesn’t close correctly” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). • The medicine cabinet door and/or the medicine cabinet box is warped less than 1/8 inch from top to bottom of the mirrored panel. Reference Pictures: 122 Governing Rule: N/A

Complaint Item 45: “15- The roof has metal water diverters full of plaster and not draining the water correctly, possibly pushing the water back under the tile.” Investigator’s Observations: Verified. • There is debris in the sidewall flashing near the entry area. Reference Pictures: 123-124 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 46: “16 - Roof facia boards have twists or cracks on the roof; the underside of the roof is showing signs of water damage and is not painted correctly.” Investigator’s Observations: Verified. • Bird stop metal at the back of the house is dented/wrinkled • Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards • Areas of splits/cracks • Areas of unpainted wood • Areas of overspray Reference Pictures: 125-135 Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 47: “17 - Exterior doors fix caused more issues. Screws are visible and not attached to wood. You can now hear the windy whistling on both exterior doors, and we still see sunlight through the master bedroom door.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 48: “18 - Add-on outlets for garage for use of power tools use of these outlets trips and cause the RV garage door, Garages door, and left side of the house to trip” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The receptacles pointed out are part of the 15 amp garage receptacle circuit. Currently there is no contract language specifying these receptacles are to be higher amperage or dedicated circuits. Governing Rule: N/A

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Jobsite Inspection Photos 1 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Jobsite Inspection Photos 2 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Overview of kitchen. Cabinet doors are not soft close.

Jobsite Inspection Photos 3 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

The drawer boxes do have dovetail joints.

Jobsite Inspection Photos 4 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Split/crack in a cabinet doors

Jobsite Inspection Photos 5 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Scratches and chips.

Jobsite Inspection Photos 6 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Scratches and chips.

Jobsite Inspection Photos 7 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Crack/scratch in a cabinet doors

Jobsite Inspection Photos 8 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

One missing cabinet door

Jobsite Inspection Photos 9 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Discolored/cloudy finish in a bathroom

Jobsite Inspection Photos 10 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Cabinet shelf not level

Jobsite Inspection Photos 11 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Drill holes in the back of a drawer box

Jobsite Inspection Photos 12 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Faces frames not flush.

Jobsite Inspection Photos 13 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Minor gaps between face frames.

Jobsite Inspection Photos 14 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Gaps between drywall and scribe molding.

Jobsite Inspection Photos 15 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

These cut edges are a result of the product manufacturing, and not the result of the installation. This is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability.

Jobsite Inspection Photos 16 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

These cut edges are a result of the product manufacturing, and not the result of the installation. This is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability.

Jobsite Inspection Photos 17 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Hole in drywall from recent plumbing repair.

Jobsite Inspection Photos 18 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Drywall router cuts not properly repaired. Several unfinished drywall patches.

Jobsite Inspection Photos 19 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Dings/dents in the drywall

Jobsite Inspection Photos 20 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Several unfinished drywall patches.

Jobsite Inspection Photos 21 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Torn drywall

Jobsite Inspection Photos 22 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 23 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 24 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 25 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 26 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 27 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 28 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 29 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 30 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There is a void in the stucco below a patio receptacle.

Jobsite Inspection Photos 31 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Glob of drywall compound / calking on the stucco in the patio area

Jobsite Inspection Photos 32 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 33 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 34 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There are several areas of recent stucco repairs incomplete/unpainted.

Jobsite Inspection Photos 35 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Void between stucco and drywall ceiling at patio and entry area

Jobsite Inspection Photos 36 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Stucco on the ceilings of the patio and entry areas

Jobsite Inspection Photos 37 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Stucco on the ceilings of the patio and entry areas

Jobsite Inspection Photos 38 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Broken glass in garage window

Jobsite Inspection Photos 39 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Several unfinished/unpainted drywall patches.

Jobsite Inspection Photos 40 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Several unfinished/unpainted drywall patches.

Jobsite Inspection Photos 41 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Several areas of unpainted/unfinished trim

Jobsite Inspection Photos 42 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Several areas of unpainted/unfinished trim

Jobsite Inspection Photos 43 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Several areas of unpainted/unfinished trim

Jobsite Inspection Photos 44 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Paint runs

Jobsite Inspection Photos 45 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of incorrect color/sheen of paint

Jobsite Inspection Photos 46 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of incorrect color/sheen of paint

Jobsite Inspection Photos 47 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of incorrect color/sheen of paint

Base trim does not match from one side of the entry area to the other.

Jobsite Inspection Photos 48 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of incorrect color/sheen of paint

Jobsite Inspection Photos 49 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of incorrect color/sheen of paint

Jobsite Inspection Photos 50 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Paint on exterior window frames

Jobsite Inspection Photos 51 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Paint and/or drywall compound on a sprinkler head

Jobsite Inspection Photos 52 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

When closed and latched, the weather stripping is not making a seal against the “H” style astragal.

Jobsite Inspection Photos 53 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

When closed and latched, the weather stripping is not making a seal against the “H” style astragal.

Jobsite Inspection Photos 54 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Stucco/masonry debris in the lower frame/track

Jobsite Inspection Photos 55 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Stucco/masonry debris in the lower frame/track

Jobsite Inspection Photos 56 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Stucco/masonry debris in the lower frame/track

Jobsite Inspection Photos 57 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Caulking and/or tile setting products on the inside of the frame

Jobsite Inspection Photos 58 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Some type of caulking and/or tile setting products on the inside of the frame

Jobsite Inspection Photos 59 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Some type of caulking and/or tile setting products on the inside of the frame

Jobsite Inspection Photos 60 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Unfinished/unpainted filler on the doors

Jobsite Inspection Photos 61 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Gouge/gap near hinge(s)

Jobsite Inspection Photos 62 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Bumps, gouges, unfilled holes, in the finish of the trim

Jobsite Inspection Photos 63 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Bumps, gouges, unfilled holes, in the finish of the trim

Jobsite Inspection Photos 64 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Bumps, gouges, unfilled holes, in the finish of the trim

Jobsite Inspection Photos 65 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Bumps, gouges, unfilled holes, in the finish of the trim

Jobsite Inspection Photos 66 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Bumps, gouges, unfilled holes, in the finish of the trim

Jobsite Inspection Photos 67 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Runs in the paint

Jobsite Inspection Photos 68 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Runs in the paint

Jobsite Inspection Photos 69 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Runs in the paint

Jobsite Inspection Photos 70 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Unfinished/unpainted filler on the trim

Jobsite Inspection Photos 71 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Unfinished/unpainted filler on the trim

Excessively sort pieces of trim used, some less than three inches in length Poor alignment at joints/seams

Jobsite Inspection Photos 72 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Excessively sort pieces of trim used, some less than three inches in length Poor alignment at joints/seams

Jobsite Inspection Photos 73 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Poor alignment at joints/seams

Some pieces of trim broken Some pieces of trim broken and poorly repaired

Jobsite Inspection Photos 74 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Some pieces of trim broken Some pieces of trim broken and poorly repaired

Jobsite Inspection Photos 75 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of trim incomplete/unfinished

Jobsite Inspection Photos 76 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of trim incomplete/unfinished

Jobsite Inspection Photos 77 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Areas of trim incomplete/unfinished

Jobsite Inspection Photos 78 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Mismatched corners near master shower

Jobsite Inspection Photos 79 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Mismatched corners near master shower

Jobsite Inspection Photos 80 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Strike plates and backsets poorly mortised with large gaps

Jobsite Inspection Photos 81 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Strike plates and backsets poorly mortised with large gaps

Jobsite Inspection Photos 82 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Strike plates and backsets poorly mortised with large gaps At least one screw not secured in lumber/wood

Jobsite Inspection Photos 83 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Strike plates and backsets poorly mortised with large gaps

Jobsite Inspection Photos 84 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Strike plates and backsets poorly mortised with large gaps

Jobsite Inspection Photos 85 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Exterior trim is not sealed/caulked to the walls, allowing air infiltration

Jobsite Inspection Photos 86 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles

Jobsite Inspection Photos 87 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles

Jobsite Inspection Photos 88 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles

Jobsite Inspection Photos 89 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles

Jobsite Inspection Photos 90 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles

Jobsite Inspection Photos 91 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles

Jobsite Inspection Photos 92 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side

Jobsite Inspection Photos 93 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side

Jobsite Inspection Photos 94 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed

Jobsite Inspection Photos 95 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed

Jobsite Inspection Photos 96 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed

Jobsite Inspection Photos 97 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Scratches described by the complainant were not visible.

Jobsite Inspection Photos 98 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Scratches described by the complainant were not visible.

Jobsite Inspection Photos 99 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Scratches described by the complainant were not visible.

Jobsite Inspection Photos 100 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Scratches described by the complainant were not visible.

100 Jobsite Inspection Photos 101 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Both parties acknowledged the valve issue has been corrected; however, the drywall repair is not yet complete.

101 Jobsite Inspection Photos 102 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction.

102 Jobsite Inspection Photos 103 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

Based on the respondent’s testing, the fire bell tested as functional during this inspection.

103 Jobsite Inspection Photos 104 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Dark colored marks on the surfaces

104 Jobsite Inspection Photos 105 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Dark colored marks on the surfaces

105 Jobsite Inspection Photos 106 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Dark colored marks on the surfaces

106 Jobsite Inspection Photos 107 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Chips

107 Jobsite Inspection Photos 108 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Poorly filled chip near the sink

108 Jobsite Inspection Photos 109 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Chips

109 Jobsite Inspection Photos 110 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Damage to the concrete driveway.

110 Jobsite Inspection Photos 111 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There is a visible slope from the house towards the street. There was no evidence of sink holes during this inspection.

111 Jobsite Inspection Photos 112 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

There is a visible slope from the house towards the street. There was no evidence of sink holes during this inspection.

112 Jobsite Inspection Photos 113 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence.

113 Jobsite Inspection Photos 114 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence.

114 Jobsite Inspection Photos 115 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Exhaust/extractor fan in the garage is missing the cover.

115 Jobsite Inspection Photos 116 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction.

116 Jobsite Inspection Photos 117 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The respondent confirmed the RV door is to have two panels with glass.

117 Jobsite Inspection Photos 118 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced.

118 Jobsite Inspection Photos 119 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced.

119 Jobsite Inspection Photos 120 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

The gap spacing between the stucco and the window frames is less than 1/16 inch.

120 Jobsite Inspection Photos 121 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The lower track is curling up in some windows.

121 Jobsite Inspection Photos 122 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• The medicine cabinet door and/or the medicine cabinet box is warped less than 1/8 inch from top to bottom of the mirrored panel.

122 Jobsite Inspection Photos 123 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• There is debris in the sidewall flashing near the entry area.

123 Jobsite Inspection Photos 124 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• There is debris in the sidewall flashing near the entry area.

124 Jobsite Inspection Photos 125 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Bird stop metal at the back of the house is dented/wrinkled

125 Jobsite Inspection Photos 126 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Bird stop metal at the back of the house is dented/wrinkled

126 Jobsite Inspection Photos 127 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards

127 Jobsite Inspection Photos 128 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards

128 Jobsite Inspection Photos 129 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of splits/cracks

129 Jobsite Inspection Photos 130 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of splits/cracks

130 Jobsite Inspection Photos 131 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of unpainted wood • Areas of overspray

131 Jobsite Inspection Photos 132 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of unpainted wood • Areas of overspray

132 Jobsite Inspection Photos 133 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of unpainted wood • Areas of overspray

133 Jobsite Inspection Photos 134 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of unpainted wood • Areas of overspray

134 Jobsite Inspection Photos 135 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 4/7/2023 Inspection Time: 9:00AM Address: 12623 N. Appling Ave., Marana, AZ 85653

• Areas of unpainted wood • Areas of overspray

135 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

April 12, 2023

License No. ROC 206612

Re: Complaint No. 2023-02212

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 10, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 1: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: Verified. • The cabinet doors are not soft close o The cabinet doors are not soft close. o The respondent acknowledged the doors are to be soft close. • Finish o Splits/cracks, scratches, chips, and dings in doors and drawer fronts. o One missing door. o Discolored/cloudy finish in a bathroom. • Shelf

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

o One cabinet shelf not level • Holes in drawer box o At least one drawer box with drill holes on the back panel. • Face frames o At least one area of face frame connections not flush o Areas of minor gaps between face frames • Gap at walls o Gaps between drywall and scribe moldings. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “Drywall - Some Items were fixed but when the cable company came to fix there issue the company made a hole in the Garage Drywall, and there is still a hole by the Hood that also needs to be replaced.;” Investigator’s Observations: Verified. • Hole in drywall from recent plumbing repair • Drywall router cuts not properly repaired • Several unfinished drywall patches • Dings/dents in the drywall • Torn drywall Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Stucco - There are a few spots where I'm still seeing the chicken wire, and stucco is missed by the window that is broken in the garage.;” Investigator’s Observations: Verified. • Several areas of recent stucco repairs incomplete/unpainted. • A void in the stucco below a patio receptacle. • Glob of drywall compound / calking on the stucco in the patio area • Void between stucco and drywall ceiling at patio and entry area • Stucco on the ceilings of the patio and entry areas Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “window that is broken in the garage.;” Investigator’s Observations: Verified. • Broken glass in the garage window. The respondent confirmed this was a result of roofing work on the adjoining property. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Paint Clean-up - There was paint all over my floor tiles the worker was assigned only 2 hours and they had a lot of paint on the floor. Clean-up is still needed in the Master Bdr, Mast bth, Mudroom, Living Room & Fire Sprinkler as well as cleaning up the paint in the cabinets. Paint in the fire Sprinklers is an issue because they are not supposed to have pain on or around them; Paint - I have two tones of white in my home and areas where the paint was not;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observations: Verified. • Several unfinished/unpainted drywall patches • Several areas of unpainted/unfinished trim • Paint runs • Areas of incorrect color/sheen of paint, drywall and trim • Paint on exterior window frames • Paint and/or drywall compound on a sprinkler head Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Windows The sliding glass was not able to close properly so went with an unsecured back door for 1 full week. They came to fix the issue but the door is still not 100% closing properly and the plastic seals are missing as well as the missing screens, the handles need to be replaced as Richmond's fix was a wire that scratched up the handles.” Investigator’s Observations: Verified. • When closed and latched, the weather stripping is not making a seal against the “H” style astragal. • Stucco/masonry debris in the lower frame/track • Some type of caulking and/or tile setting products on the inside of the frame • Missing screens Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “Doors and Trim - The person showed up to take pictures only Every single one of my doors is cracked or broken, I have so many issues with the baseboards and Door trims” Investigator’s Observations: Verified. • Unfinished/unpainted filler on the doors • Gouge/gap near hinge(s) • Bumps, gouges, unfilled holes, in the finish of the trim • Runs in the paint • Unfinished/unpainted filler on the trim • Excessively sort pieces of trim used, some less than three inches in length • Poor alignment at joints/seams • Some pieces of trim broken • Some pieces of trim broken and poorly repaired • Areas of trim incomplete/unfinished • Mismatched corners near master shower Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “The Master Bedroom Back door is not locked at all” Investigator’s Observations: Verified. • Strike plates and backsets poorly mortised with large gaps • At least one screw not secured into wood/lumber

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “Front Door is not sealed correctly and you have to pull firmly on the door to get it to lock” Investigator’s Observations: Verified. • Exterior trim is not sealed/caulked to the walls, allowing air infiltration Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 13: “Tile - Grout missing and not installed prior, have chipped tile in the corners of rooms The master bathroom has chipped and cracked tile;” Investigator’s Observations: Verified. • Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “Gas Range - The range was damaged at installation, reported Prior to closing on the walkthru;” Investigator’s Observations: Verified. • The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16A: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: Verified. • Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 17: “Dishwasher - The dishwasher can't be used because it leaks when installed reported the day after closing” Investigator’s Observations: Verified. As described by the complainant, the dishwasher leaks through the door when in use. The respondent stated this is intended to be corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “Master Bathroom - Top handle has 3 settings 1 of them is not doing anything, this was reported at the time of closing. Reported the Day after closing.;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observations: Verified. • Both parties acknowledged the valve issue has been corrected; however, the drywall repair is not yet complete. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “HVAC - Outside Unit is still sinking and the Panels are still shut off by themselves - Reported the Day after closing.;” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “Shower Glass in the Master Bathroom - Cratches on the window were Reported the Day after closing.;” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Countertop - Chips and stuff on the quartz reported at the walkthru.;” Investigator’s Observations: Verified. • Dark colored marks on the surfaces • Chips • Poorly filled chip near the sink Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Front Yard - The neighbors had their front yard landscaped and they placed a hill of dirt on my area which is now not allowing me to open my side of gate.” Investigator’s Observations: Verified. • The complainant stated the landscaping issue has been corrected; however, the corrective work resulted in damage to the concrete driveway. • The respondent confirmed the damage is a result of the recent work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “Back Yard - Reported water pooling when it rains;” Investigator’s Observations: Verified. • Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence. There should be no standing water in the yard more than 48 hours after a rain. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 30: “Missing cover for Vent extractor in the Garage” Investigator’s Observations: Verified. • Exhaust/extractor fan in the garage is missing the cover. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 32: “2- The master bathroom shower tile has issues with cracked and chipped tiles, as well as missing grout. Grout throughout the shower has holes or is deteriorating, the step doesn’t correctly drain towards the drain, and tile lines are not straight.” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 35: “5- Outside A/c unit had to be removed due to the reported A/C pad sinking; this caused the lines to crack and freon leak; the pad is still unlevel, so the unit has been sitting on dirt unit for a few weeks. I want the unit inspected to avoid future issue. 6- The HVAC wiring to the master bedroom had to be redone due to wire damage. I want the corrections inspected.” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 38: “9- The RV garage door is missing a window top panel should be two.” Investigator’s Observations: Verified. • The respondent confirmed the RV door is to have two panels with glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “12- The ceiling ventilators ins bathrooms and Laundry room are loose. The laundry room ventilator is making a lot of noise/” Investigator’s Observations: Verified. • The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 43: “Some windows have the railing with bowing making it hard for the window to open or close.” Investigator’s Observations: Verified. • The lower track is curling up in some windows.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 45: “15- The roof has metal water diverters full of plaster and not draining the water correctly, possibly pushing the water back under the tile.” Investigator’s Observations: Verified. • There is debris in the sidewall flashing near the entry area. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 46: “16 - Roof facia boards have twists or cracks on the roof; the underside of the roof is showing signs of water damage and is not painted correctly.” Investigator’s Observations: Verified. • Bird stop metal at the back of the house is dented/wrinkled • Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards • Areas of splits/cracks • Areas of unpainted wood • Areas of overspray Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 1B: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: The following are NOT verified as a violation of A.R.S. § 32-1154(A). • Dovetail drawer boxes o The current drawer boxes do have dovetail joints. • Cut edges on bottoms of cabinets o These cut edges are a result of the product manufacturing, and not the result of the installation. This is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability. Governing Rule: N/A

Complaint Item 7: “I have 3 scratched windows in the Master Bathroom” Investigator’s Observations: This allegation is NOT verified. The complainant stated these have been replaced. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 12: “Garage Door isn't closing are Required per safety standards;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 14: “Electric - Day after closing reported that the kitchen outlet is loose;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 16B: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: This allegation is NOT verified. Scratches described by the complainant were not visible. Governing Rule: N/A

Complaint Item 18: “Bathtub in 2nd Bathroom - Chips on the tub this was reported the day after we closed;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 21: “Exterior Fire Bell - Missing Reported the Day after closing.;” Investigator’s Observations: This allegation is NOT verified. The fire bell is now installed. Based on the respondent’s testing, the fire bell tested as functional during this inspection. Governing Rule: N/A

Complaint Item 25: “I'm also missing the cover for my driveway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 26: “I keep getting sinkholes where the driveway meets the Rocks, due to not properly grading.” Investigator’s Observations: This allegation is NOT verified. There is a visible slope from the house towards the street. There was no evidence of sink holes during this inspection. Governing Rule: N/A

Complaint Item 27: “I also have water pooling in the front walkway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 28: “as well as missing and uneven rocks in the front.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

There are small areas of decorative rock spread thin; however, there is insufficient evidence to verify this as the responsibility of the respondent. Governing Rule: N/A

Complaint Item 37: “8- Report upon move-in that the view fence is loose and rebar sticking out with wood visible I was instructed to report this to HOA, but this needs to be addressed” Investigator’s Observations: This allegation is NOT verified. This back/fence was stated to be just past the complainant’s property line. Governing Rule: N/A

Complaint Item 42: “13- Windows have areas with no caulking; they just painted without surounding with cauliking.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The gap spacing between the stucco and the window frames is less than 1/16 inch. Governing Rule: N/A

Complaint Item 44: “14- The master bedroom medicine cabinet is not flush, so door doesn’t close correctly” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). • The medicine cabinet door and/or the medicine cabinet box is warped less than 1/8 inch from top to bottom of the mirrored panel. Governing Rule: N/A

Complaint Item 48: “18 - Add-on outlets for garage for use of power tools use of these outlets trips and cause the RV garage door, Garages door, and left side of the house to trip” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The receptacles pointed out are part of the 15 amp garage receptacle circuit. Currently there is no contract language specifying these receptacles are to be higher amperage or dedicated circuits. Governing Rule: N/A

DUPLICATE ITEMS The following are duplicate complaint items:

Complaint Item 8: “as well as 1 broken window in the garage done by the Roofers when they were installing the neighbor's roof.;” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 31: “1- Corrected side area, but main front yard still has spots where there are no rocks or enough rocks to cover; there is also visible water line or cable lines from the irrigation system” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 33: “3- The whole house is tiled, and reported grout issues along with chipped tiles, areas where grout is missing, and areas where tile is uneven above ROC standards.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 34: “4- Where tile meets trim, or tile meets cabinets, or any other non-tile surface, there is missing caulking” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 36: “***7- Correction to prior bullet point complaint on backyard NOT graded correctly; there is water pooling that lasted over a week.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 39: “10- Sliding glass door is still not closing correctly and missing screen doors. The seal on the doors are also missing and causing the glas to slip per the trait.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 40: “11- Floor baseboard & trim has very noticeable cracks, the fix of wood putty is not acceptable and very noticeable” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 47: “17 - Exterior doors fix caused more issues. Screws are visible and not attached to wood. You can now hear the windy whistling on both exterior doors, and we still see sunlight through the master bedroom door.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

May 11, 2023

License No. ROC 206612

Re: Complaint No. 2023-02212

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 31, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 1: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: Verified. • The cabinet doors are not soft close o The cabinet doors are not soft close. o The respondent acknowledged the doors are to be soft close. • Finish o Splits/cracks, scratches, chips, and dings in doors and drawer fronts. o One missing door. o Discolored/cloudy finish in a bathroom. • Shelf

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

o One cabinet shelf not level • Holes in drawer box o At least one drawer box with drill holes on the back panel. • Face frames o At least one area of face frame connections not flush o Areas of minor gaps between face frames • Gap at walls o Gaps between drywall and scribe moldings. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “Drywall - Some Items were fixed but when the cable company came to fix there issue the company made a hole in the Garage Drywall, and there is still a hole by the Hood that also needs to be replaced.;” Investigator’s Observations: Verified. • Hole in drywall from recent plumbing repair • Drywall router cuts not properly repaired • Several unfinished drywall patches • Dings/dents in the drywall • Torn drywall Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Stucco - There are a few spots where I'm still seeing the chicken wire, and stucco is missed by the window that is broken in the garage.;” Investigator’s Observations: Verified. • Several areas of recent stucco repairs incomplete/unpainted. • A void in the stucco below a patio receptacle. • Glob of drywall compound / calking on the stucco in the patio area • Void between stucco and drywall ceiling at patio and entry area • Stucco on the ceilings of the patio and entry areas Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “window that is broken in the garage.;” Investigator’s Observations: Verified. • Broken glass in the garage window. The respondent confirmed this was a result of roofing work on the adjoining property. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Paint Clean-up - There was paint all over my floor tiles the worker was assigned only 2 hours and they had a lot of paint on the floor. Clean-up is still needed in the Master Bdr, Mast bth, Mudroom, Living Room & Fire Sprinkler as well as cleaning up the paint in the cabinets. Paint in the fire Sprinklers is an issue because they are not supposed to have pain on or around them; Paint - I have two tones of white in my home and areas where the paint was not;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observations: Verified. • Several unfinished/unpainted drywall patches • Several areas of unpainted/unfinished trim • Paint runs • Areas of incorrect color/sheen of paint, drywall and trim • Paint on exterior window frames • Paint and/or drywall compound on a sprinkler head Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Windows The sliding glass was not able to close properly so went with an unsecured back door for 1 full week. They came to fix the issue but the door is still not 100% closing properly and the plastic seals are missing as well as the missing screens, the handles need to be replaced as Richmond's fix was a wire that scratched up the handles.” Investigator’s Observations: Verified. • When closed and latched, the weather stripping is not making a seal against the “H” style astragal. • Stucco/masonry debris in the lower frame/track • Some type of caulking and/or tile setting products on the inside of the frame • Missing screens Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “Doors and Trim - The person showed up to take pictures only Every single one of my doors is cracked or broken, I have so many issues with the baseboards and Door trims” Investigator’s Observations: Verified. • Unfinished/unpainted filler on the doors • Gouge/gap near hinge(s) • Bumps, gouges, unfilled holes, in the finish of the trim • Runs in the paint • Unfinished/unpainted filler on the trim • Excessively sort pieces of trim used, some less than three inches in length • Poor alignment at joints/seams • Some pieces of trim broken • Some pieces of trim broken and poorly repaired • Areas of trim incomplete/unfinished • Mismatched corners near master shower Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “The Master Bedroom Back door is not locked at all” Investigator’s Observations: Verified. • Strike plates and backsets poorly mortised with large gaps • At least one screw not secured into wood/lumber

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “Front Door is not sealed correctly and you have to pull firmly on the door to get it to lock” Investigator’s Observations: Verified. • Exterior trim is not sealed/caulked to the walls, allowing air infiltration Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 13: “Tile - Grout missing and not installed prior, have chipped tile in the corners of rooms The master bathroom has chipped and cracked tile;” Investigator’s Observations: Verified. • Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “Gas Range - The range was damaged at installation, reported Prior to closing on the walkthru;” Investigator’s Observations: Verified. • The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16A: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: Verified. • Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 17: “Dishwasher - The dishwasher can't be used because it leaks when installed reported the day after closing” Investigator’s Observations: Verified. As described by the complainant, the dishwasher leaks through the door when in use. The respondent stated this is intended to be corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “Master Bathroom - Top handle has 3 settings 1 of them is not doing anything, this was reported at the time of closing. Reported the Day after closing.;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observations: Verified. • Both parties acknowledged the valve issue has been corrected; however, the drywall repair is not yet complete. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “HVAC - Outside Unit is still sinking and the Panels are still shut off by themselves - Reported the Day after closing.;” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “Shower Glass in the Master Bathroom - Cratches on the window were Reported the Day after closing.;” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Countertop - Chips and stuff on the quartz reported at the walkthru.;” Investigator’s Observations: Verified. • Dark colored marks on the surfaces • Chips • Poorly filled chip near the sink Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Front Yard - The neighbors had their front yard landscaped and they placed a hill of dirt on my area which is now not allowing me to open my side of gate.” Investigator’s Observations: Verified. • The complainant stated the landscaping issue has been corrected; however, the corrective work resulted in damage to the concrete driveway. • The respondent confirmed the damage is a result of the recent work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “Back Yard - Reported water pooling when it rains;” Investigator’s Observations: Verified. • Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence. There should be no standing water in the yard more than 48 hours after a rain. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 30: “Missing cover for Vent extractor in the Garage” Investigator’s Observations: Verified. • Exhaust/extractor fan in the garage is missing the cover. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 32: “2- The master bathroom shower tile has issues with cracked and chipped tiles, as well as missing grout. Grout throughout the shower has holes or is deteriorating, the step doesn’t correctly drain towards the drain, and tile lines are not straight.” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 35: “5- Outside A/c unit had to be removed due to the reported A/C pad sinking; this caused the lines to crack and freon leak; the pad is still unlevel, so the unit has been sitting on dirt unit for a few weeks. I want the unit inspected to avoid future issue. 6- The HVAC wiring to the master bedroom had to be redone due to wire damage. I want the corrections inspected.” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 38: “9- The RV garage door is missing a window top panel should be two.” Investigator’s Observations: Verified. • The respondent confirmed the RV door is to have two panels with glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “12- The ceiling ventilators ins bathrooms and Laundry room are loose. The laundry room ventilator is making a lot of noise/” Investigator’s Observations: Verified. • The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 43: “Some windows have the railing with bowing making it hard for the window to open or close.” Investigator’s Observations: Verified. • The lower track is curling up in some windows.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 45: “15- The roof has metal water diverters full of plaster and not draining the water correctly, possibly pushing the water back under the tile.” Investigator’s Observations: Verified. • There is debris in the sidewall flashing near the entry area. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 46: “16 - Roof facia boards have twists or cracks on the roof; the underside of the roof is showing signs of water damage and is not painted correctly.” Investigator’s Observations: Verified. • Bird stop metal at the back of the house is dented/wrinkled • Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards • Areas of splits/cracks • Areas of unpainted wood • Areas of overspray Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 1B: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: The following are NOT verified as a violation of A.R.S. § 32-1154(A). • Dovetail drawer boxes o The current drawer boxes do have dovetail joints. • Cut edges on bottoms of cabinets o These cut edges are a result of the product manufacturing, and not the result of the installation. This is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability. Governing Rule: N/A

Complaint Item 7: “I have 3 scratched windows in the Master Bathroom” Investigator’s Observations: This allegation is NOT verified. The complainant stated these have been replaced. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 12: “Garage Door isn't closing are Required per safety standards;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 14: “Electric - Day after closing reported that the kitchen outlet is loose;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 16B: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: This allegation is NOT verified. Scratches described by the complainant were not visible. Governing Rule: N/A

Complaint Item 18: “Bathtub in 2nd Bathroom - Chips on the tub this was reported the day after we closed;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 21: “Exterior Fire Bell - Missing Reported the Day after closing.;” Investigator’s Observations: This allegation is NOT verified. The fire bell is now installed. Based on the respondent’s testing, the fire bell tested as functional during this inspection. Governing Rule: N/A

Complaint Item 25: “I'm also missing the cover for my driveway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 26: “I keep getting sinkholes where the driveway meets the Rocks, due to not properly grading.” Investigator’s Observations: This allegation is NOT verified. There is a visible slope from the house towards the street. There was no evidence of sink holes during this inspection. Governing Rule: N/A

Complaint Item 27: “I also have water pooling in the front walkway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 28: “as well as missing and uneven rocks in the front.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

There are small areas of decorative rock spread thin; however, there is insufficient evidence to verify this as the responsibility of the respondent. Governing Rule: N/A

Complaint Item 37: “8- Report upon move-in that the view fence is loose and rebar sticking out with wood visible I was instructed to report this to HOA, but this needs to be addressed” Investigator’s Observations: This allegation is NOT verified. This back/fence was stated to be just past the complainant’s property line. Governing Rule: N/A

Complaint Item 42: “13- Windows have areas with no caulking; they just painted without surounding with cauliking.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The gap spacing between the stucco and the window frames is less than 1/16 inch. Governing Rule: N/A

Complaint Item 44: “14- The master bedroom medicine cabinet is not flush, so door doesn’t close correctly” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). • The medicine cabinet door and/or the medicine cabinet box is warped less than 1/8 inch from top to bottom of the mirrored panel. Governing Rule: N/A

Complaint Item 48: “18 - Add-on outlets for garage for use of power tools use of these outlets trips and cause the RV garage door, Garages door, and left side of the house to trip” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The receptacles pointed out are part of the 15 amp garage receptacle circuit. Currently there is no contract language specifying these receptacles are to be higher amperage or dedicated circuits. Governing Rule: N/A

DUPLICATE ITEMS The following are duplicate complaint items:

Complaint Item 8: “as well as 1 broken window in the garage done by the Roofers when they were installing the neighbor's roof.;” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 31: “1- Corrected side area, but main front yard still has spots where there are no rocks or enough rocks to cover; there is also visible water line or cable lines from the irrigation system” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 33: “3- The whole house is tiled, and reported grout issues along with chipped tiles, areas where grout is missing, and areas where tile is uneven above ROC standards.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 34: “4- Where tile meets trim, or tile meets cabinets, or any other non-tile surface, there is missing caulking” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 36: “***7- Correction to prior bullet point complaint on backyard NOT graded correctly; there is water pooling that lasted over a week.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 39: “10- Sliding glass door is still not closing correctly and missing screen doors. The seal on the doors are also missing and causing the glas to slip per the trait.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 40: “11- Floor baseboard & trim has very noticeable cracks, the fix of wood putty is not acceptable and very noticeable” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 47: “17 - Exterior doors fix caused more issues. Screws are visible and not attached to wood. You can now hear the windy whistling on both exterior doors, and we still see sunlight through the master bedroom door.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Received by Investigations 6/9/23, 5:09 PM State of Arizona Mail - 2023-02212 05/31/2023 From the Respondent

John Smith <[email redacted]>

2023-02212 Standifer, Varnado <[email redacted]> To: John Smith <[email redacted]> Cc: Ana Moriset <[email redacted]>, "Fila, Brandon" <[email redacted]>, "DeWitt, John" <[email redacted]>, "Rodriguez, Melissa" <[email redacted]>, "Ped

John

Our tile vender has received all the martial to repair the Master bath shower as of 5/30. They will start the repairs on 5/31 and will complete by the end of this week. The scratched glass for t

P.S

There are 3 damaged cabinet doors that are not on the directive that we have ordered as of 5/27 and are waiting on an ETA. As soon as we have a date we will coordinate with Ms. Moriset a

Thank you,

From: John Smith <[email redacted]> Sent: Monday, May 15, 2023 3:41 PM To: Standifer, Varnado <[email redacted]> Cc: Ana Moriset <[email redacted]>; Fila, Brandon <[email redacted]>; DeWitt, John <[email redacted]>; Rodriguez, Melissa <[email redacted]>; Pedroz Subject: Re: 2023-02212

Mr. Standifer, attached is one of the photos taken during the ROC jobsite inspection. This photo does include the refrigerator. Thank you, Investigator John Smith Badge #194 Arizona Registrar of Contractors1700 W. Washington St. , Suite 105Phoenix,

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Mr. Standifer,

attached is one of the photos taken during the ROC jobsite inspection.

This photo does include the refrigerator.

Thank you,

Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

https://docs.google.com/uc?export=download&id=1PIJmnS7UCMRY0Mqt43YP0qqI4ypLiIFe&revid=0B1i2ZvPUCMmidG14YVlxbzBVUUd1c2w1VU0yQ1l The ROC is now on social media! Make sure to follow us on:

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/5 Received by Investigations 6/9/23, 5:09 PM State of Arizona Mail - 2023-02212 05/31/2023 Fill out AZ ROC’s survey to let us know how we’re From the Respondent doing and how we can better serve you!

[Quoted text hidden]

[Quoted text hidden] [Quoted text hidden] [Quoted text hidden]

https://docs.google.com/uc?export=download&id=1PIJmnS7UCMRY0Mqt43YP0qqI4ypLiIFe&revid=0B1i2ZvPUCMmidG14YVlxbzBVUUd1c2w1VU0yQ The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

On Thu, May 11, 2023 at 3:56 PM Ana Moriset <[email redacted]> wrote:

Hello John,

The Builder (Richmond American Homes) has asked me to contact you about requesting more time to complete ROC repairs. They still have items that are still being worked on or pend

From my understanding, they want three more weeks. Is there anything I need to do other than send you this email?

Also, I wanted to bring up damage to your attention my Regrigorator was dinged up in the process of repairs, which trade caused the damage I'm not sure as trades have been in and ou

I had no damage to my refrigerator prior to Richmond fixing items in my home and as you can see now I do.

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/5 Received by Investigations 6/9/23, 5:09 PM State of Arizona Mail - 2023-02212 05/31/2023 From the Respondent

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 3/5 Received by Investigations 6/9/23, 5:09 PM State of Arizona Mail - 2023-02212 05/31/2023 From the Respondent

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 4/5 Received by Investigations 6/9/23, 5:09 PM State of Arizona Mail - 2023-02212 05/31/2023 From the Respondent

Thanks,

Ana Moriset

520-668-2849

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 5/5 Received by Investigations 6/9/23, 5:12 PM State of Arizona Mail - RE: Updated 2023-02212 05/31/2023 From the Respondent

John Smith <[email redacted]>

RE: Updated 2023-02212 messages

Standifer, Varnado <[email redacted]> To: John Smith <[email redacted]> Cc: Ana Moriset <[email redacted]>, "Fila, Brandon" <[email redacted]>, "DeWitt, John" <[email redacted]>, "Rodriguez, Melissa" <[email redacted]>, "Ped

I just wanted to correct the shower glass install date to 6/7 not 6/1.

From: Standifer, Varnado Sent: Wednesday, May 31, 2023 8:40 AM To: John Smith <[email redacted]> Cc: Ana Moriset <[email redacted]>; Fila, Brandon <[email redacted]>; DeWitt, John <[email redacted]>; Rodriguez, Melissa <[email redacted]>; Pedroz Subject: RE: 2023-02212

John

Our tile vender has received all the martial to repair the Master bath shower as of 5/30. They will start the repairs on 5/31 and will complete by the end of this week. The scratched glass for t

P.S

There are 3 damaged cabinet doors that are not on the directive that we have ordered as of 5/27 and are waiting on an ETA. As soon as we have a date we will coordinate with Ms. Moriset a

Thank you,

From: John Smith <[email redacted]> Sent: Monday, May 15, 2023 3:41 PM To: Standifer, Varnado <[email redacted]> Cc: Ana Moriset <[email redacted]>; Fila, Brandon <[email redacted]>; DeWitt, John <[email redacted]>; Rodriguez, Melissa <[email redacted]>; Pedroz Subject: Re: 2023-02212

Mr. Standifer, attached is one of the photos taken during the ROC jobsite inspection. This photo does include the refrigerator. Thank you, Investigator John Smith Badge #194 Arizona Registrar of Contractors1700 W. Washington St. , Suite 105Phoenix,

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Mr. Standifer,

attached is one of the photos taken during the ROC jobsite inspection.

This photo does include the refrigerator.

Thank you,

Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/6 Received by Investigations 6/9/23, 5:12 PM State of Arizona Mail - RE: Updated 2023-02212 05/31/2023 From the Respondent

https://docs.google.com/uc?export=download&id=1PIJmnS7UCMRY0Mqt43YP0qqI4ypLiIFe&revid=0B1i2ZvPUCMmidG14YVlxbzBVUUd1c2w1VU0yQ1l The ROC is now on social media! Make sure to follow us on:

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On Mon, May 15, 2023 at 1:51 PM Standifer, Varnado <[email redacted]> wrote:

John

Can you please send me the phot you took of the refrigerator?

From: John Smith <[email redacted]> Sent: Thursday, May 11, 2023 4:22 PM To: Ana Moriset <[email redacted]> Cc: Fila, Brandon <[email redacted]>; DeWitt, John <[email redacted]>; Rodriguez, Melissa <[email redacted]>; Pedroza, Alex <[email redacted] Subject: Re: 2023-02212

Ms. Moriset, In response to additional time, I issued an Amended Directive that included three additional weeks as requested by Varnado Standifer. In response to the damage to the refrigerator. I cannot make an official decision at this time. What

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Ms. Moriset,

In response to additional time, I issued an Amended Directive that included three additional weeks as requested by Varnado Standifer.

In response to the damage to the refrigerator.

I cannot make an official decision at this time.

What I can tell you is a contractor causing damage during the course of corrective work is not performing work in a professional and workmanlike manner.

Additionally, one of the photos I took during the ROC jobsite inspection includes the front of your refrigerator with no dents.

If this is not resolved between the parties, it will be addressed during an ROC Compliance Inspection.

Currently a Compliance Inspection has not been scheduled.

Thank you,

Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/6 Received by Investigations 6/9/23, 5:12 PM State of Arizona Mail - RE: Updated 2023-02212 05/31/2023 Phone: 520-483-0027 From the Respondent

https://docs.google.com/uc?export=download&id=1PIJmnS7UCMRY0Mqt43YP0qqI4ypLiIFe&revid=0B1i2ZvPUCMmidG14YVlxbzBVUUd1c2w1VU0yQ The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

On Thu, May 11, 2023 at 3:56 PM Ana Moriset <[email redacted]> wrote:

Hello John,

The Builder (Richmond American Homes) has asked me to contact you about requesting more time to complete ROC repairs. They still have items that are still being worked on or pend

From my understanding, they want three more weeks. Is there anything I need to do other than send you this email?

Also, I wanted to bring up damage to your attention my Regrigorator was dinged up in the process of repairs, which trade caused the damage I'm not sure as trades have been in and ou

I had no damage to my refrigerator prior to Richmond fixing items in my home and as you can see now I do.

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/6 Received by Investigations 6/9/23, 5:12 PM State of Arizona Mail - RE: Updated 2023-02212 05/31/2023 From the Respondent

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/6 Received by Investigations 6/9/23, 5:12 PM State of Arizona Mail - RE: Updated 2023-02212 05/31/2023 From the Respondent

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 5/6 Received by Investigations 6/9/23, 5:12 PM State of Arizona Mail - RE: Updated 2023-02212 05/31/2023 From the Respondent

Thanks,

Ana Moriset

520-668-2849

Ana Moriset <[email redacted]> Wed, May 31, 2023 at 10:21 AM To: "Standifer, Varnado" <[email redacted]> Cc: "DeWitt, John" <[email redacted]>, "Fila, Brandon" <[email redacted]>, John Smith <[email redacted]>, "Pedroza, Alex" <[email redacted]>, "Rodriguez, Melissa" <[email redacted]>

There is a lot of word-playing going around. So I'm going to start with facts.

New doors need to be ordered not due to being outside the directive but due to the color having a noticeable difference above ROC acceptable tolerance. The installer informed their office and Richmond of this issue and the need to re-order new doors because the ones that came in and were installed are warped.

Next, let's address items that need to be completed; I informed Brandon/Alex on May 19th.

1. Paint on the tile and hardware, post repairs 2. Area of missing paint post repairs 3. There are still 46 tiles that need to be replaced, and some areas still require grout repairs. I'm still waiting for confirmation on the dates for the stain and seal process on the grout. This process is necessary due to variations in grout color. I can only move my belongings into my home once this is completed, which will allow for correcting items in the garage. 4. The cabinets have some dents and scratches, and there are areas where the trim needs to be installed to replace damage. There is also a missing door, and the replacement doors are warped and uneven.

Several of these issues could have been resolved during the ordering process instead of being left until the final moments. Unfortunately, there was a period of 1 1/2 weeks during which no trades performed any repairs, resulting in further delays. (When will this end?)

On a side note, the Shower isn't being redone as Richmond originally stated.

And I would like to bring to your attention that I am dissatisfied with the lack of professionalism and workmanlike manner that Richmond has demonstrated these past few weeks (Which I've brought up numerous times to Richmond)

Trades are not cleaning up after themselves & or splattering over furniture, doors, walls, windows, tile, etc. Trades dumping contaminated construction-filled dirt to backfill my yard. Risking my kids and pets' safety and hiding behind its new construction, we are doing the fixes. Yes, they picked up some of the surface nails but the styrofoam, coated wire, etc., still keep showing up. I have a ziplock bag filled with items I frequently find in my yard after repairs. However, despite this, Richmond suggests I should accept the professional and workmanlike manner as its new construction.

Thanks, Ana Moriset [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 6/6 Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 June 21, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-02212

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for July 7, 2023 at 9:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Received by Investigations 7/6/23, 1:05 PM State of Arizona Mail - 2023-02212 - NEED HELP ! Enough is Enough 07/06/2023 From the Respondent

John Smith <[email redacted]>

2023-02212 - NEED HELP ! Enough is Enough Standifer, Varnado <[email redacted]> Thu, Jul 6, 2023 at 11:48 AM To: John Smith <[email redacted]> Cc: Ana Moriset <[email redacted]>, "Fila, Brandon" <[email redacted]>

Hello John,

I hope this email finds you well. I am writing to inform you that unfortunately, we will not be able to have all the items completed for the re-inspection scheduled for tomorrow. I understand the importance of meeting the deadlines and complying with the necessary regulations, and I want to assure you that we are fully committed to completing the remaining tasks outlined in the written directive.

We have made considerable efforts to address the issues in the home, particularly with the painters. Each time they complete their work, it seems like everything has been taken care of, only for Ms. Moriset to notice something else a day or so later. It has been a challenge to meet her expectations completely, but we are diligently working to rectify any outstanding concerns.

Regarding the cabinets, we have been awaiting the arrival of the ordered materials. We have recently received an ETA of July 27th. As soon as the materials are in our possession, we will promptly schedule the installation, ensuring that this aspect of the project is completed in a timely manner.

However, we have encountered some difficulties with the shower repairs. Unfortunately, progress on this front came to a halt last week. Ms. Moriset has been consistently involved in dictating how the repairs should be done, rather than allowing the workers to complete their job and letting you, as the inspector, determine if it meets the required standards. While we understand her concern and desire for perfection, it is essential for us to work unimpeded to efficiently address all the necessary repairs.

We have been trying to work collaboratively with Ms. Moriset throughout this process, and we will continue to do so in the future. However, we kindly request your advice and guidance in resolving this matter, as it is crucial for us to ensure a smooth working environment and deliver the required outcomes.

Thank you for your understanding and patience thus far. We remain fully committed to completing the items outlined in the written directive, and we will make every effort to expedite the remaining tasks. If there are any further instructions or modifications to the plan, please do not hesitate to inform us.

Looking forward to your response.

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/4 Received by Investigations 7/6/23, 1:05 PM State of Arizona Mail - 2023-02212 - NEED HELP ! Enough is Enough 07/06/2023 From the Respondent

From: John Smith <[email redacted]> Sent: Wednesday, June 21, 2023 12:17 PM To: Rodriguez, Melissa <[email redacted]>; Standifer, Varnado <[email redacted]>; DeWitt, John <[email redacted]> Subject: Fwd: 2023-02212 - NEED HELP ! Enough is Enough

Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St. , Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027 The ROC is now on social media! Make sure to follow us on: Fill out AZ ROC’s survey to let us know how

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Investigator John Smith Badge #194 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 520-483-0027

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/4 Received by Investigations 7/6/23, 1:05 PM State of Arizona Mail - 2023-02212 - NEED HELP ! Enough is Enough 07/06/2023 From the Respondent

---------- Forwarded message ---------

[Quoted text hidden]

[Quoted text hidden] [Quoted text hidden]

[Quoted text hidden]

And I would like to bring to your attention that I am dissatisfied with the lack of professionalism and workmanlike manner that Richmond has demonstrated these past few weeks (Which I've brought up numerous times to Richmond)

Trades are not cleaning up after themselves & or splattering over furniture, doors, walls, windows, tile, etc. Trades dumping contaminated construction-filled dirt to backfill my yard. Risking my kids and pets' safety and hiding behind its new construction, we are doing the fixes. Yes, they picked up some of the surface nails but the styrofoam, coated wire, etc., still keep showing up. I have a ziplock bag filled with items I frequently find in my yard after repairs. However, despite this, Richmond suggests I should accept the professional and workmanlike manner as its new construction.

Thanks,

Ana Moriset

[Quoted text hidden]

[Quoted text hidden] [Quoted text hidden] [Quoted text hidden]

[Quoted text hidden] [Quoted text hidden] [Quoted text hidden]

[Quoted text hidden]

Thanks,

Ana Moriset

520-668-2849

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 3/4 Received by Investigations 7/6/23, 1:05 PM State of Arizona Mail - 2023-02212 - NEED HELP ! Enough is Enough 07/06/2023 From the Respondent image.png 17K

https://mail.google.com/mail/u/0/?ik=78b31fbe7e&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 4/4 Katie Hobbs, Governor Martín Quezada, Director

Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

July 11, 2023

License No. ROC 206612

Re: Complaint No. 2023-02212

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on August 8, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 1: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: Verified. • The cabinet doors are not soft close o The cabinet doors are not soft close. o The respondent acknowledged the doors are to be soft close. • Finish o Splits/cracks, scratches, chips, and dings in doors and drawer fronts. o One missing door. o Discolored/cloudy finish in a bathroom. • Shelf

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

o One cabinet shelf not level • Holes in drawer box o At least one drawer box with drill holes on the back panel. • Face frames o At least one area of face frame connections not flush o Areas of minor gaps between face frames • Gap at walls o Gaps between drywall and scribe moldings. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 2: “Drywall - Some Items were fixed but when the cable company came to fix there issue the company made a hole in the Garage Drywall, and there is still a hole by the Hood that also needs to be replaced.;” Investigator’s Observations: Verified. • Hole in drywall from recent plumbing repair • Drywall router cuts not properly repaired • Several unfinished drywall patches • Dings/dents in the drywall • Torn drywall Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Stucco - There are a few spots where I'm still seeing the chicken wire, and stucco is missed by the window that is broken in the garage.;” Investigator’s Observations: Verified. • Several areas of recent stucco repairs incomplete/unpainted. • A void in the stucco below a patio receptacle. • Glob of drywall compound / calking on the stucco in the patio area • Void between stucco and drywall ceiling at patio and entry area • Stucco on the ceilings of the patio and entry areas Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “window that is broken in the garage.;” Investigator’s Observations: Verified. • Broken glass in the garage window. The respondent confirmed this was a result of roofing work on the adjoining property. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Paint Clean-up - There was paint all over my floor tiles the worker was assigned only 2 hours and they had a lot of paint on the floor. Clean-up is still needed in the Master Bdr, Mast bth, Mudroom, Living Room & Fire Sprinkler as well as cleaning up the paint in the cabinets. Paint in the fire Sprinklers is an issue because they are not supposed to have pain on or around them; Paint - I have two tones of white in my home and areas where the paint was not;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observations: Verified. • Several unfinished/unpainted drywall patches • Several areas of unpainted/unfinished trim • Paint runs • Areas of incorrect color/sheen of paint, drywall and trim • Paint on exterior window frames • Paint and/or drywall compound on a sprinkler head Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 6: “Windows The sliding glass was not able to close properly so went with an unsecured back door for 1 full week. They came to fix the issue but the door is still not 100% closing properly and the plastic seals are missing as well as the missing screens, the handles need to be replaced as Richmond's fix was a wire that scratched up the handles.” Investigator’s Observations: Verified. • When closed and latched, the weather stripping is not making a seal against the “H” style astragal. • Stucco/masonry debris in the lower frame/track • Some type of caulking and/or tile setting products on the inside of the frame • Missing screens Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 9: “Doors and Trim - The person showed up to take pictures only Every single one of my doors is cracked or broken, I have so many issues with the baseboards and Door trims” Investigator’s Observations: Verified. • Unfinished/unpainted filler on the doors • Gouge/gap near hinge(s) • Bumps, gouges, unfilled holes, in the finish of the trim • Runs in the paint • Unfinished/unpainted filler on the trim • Excessively sort pieces of trim used, some less than three inches in length • Poor alignment at joints/seams • Some pieces of trim broken • Some pieces of trim broken and poorly repaired • Areas of trim incomplete/unfinished • Mismatched corners near master shower Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 10: “The Master Bedroom Back door is not locked at all” Investigator’s Observations: Verified. • Strike plates and backsets poorly mortised with large gaps • At least one screw not secured into wood/lumber

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 11: “Front Door is not sealed correctly and you have to pull firmly on the door to get it to lock” Investigator’s Observations: Verified. • Exterior trim is not sealed/caulked to the walls, allowing air infiltration Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 13: “Tile - Grout missing and not installed prior, have chipped tile in the corners of rooms The master bathroom has chipped and cracked tile;” Investigator’s Observations: Verified. • Areas of missing grout • Areas of air voids in the grout • Areas of chipped tiles Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “Gas Range - The range was damaged at installation, reported Prior to closing on the walkthru;” Investigator’s Observations: Verified. • The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 16A: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: Verified. • Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 17: “Dishwasher - The dishwasher can't be used because it leaks when installed reported the day after closing” Investigator’s Observations: Verified. As described by the complainant, the dishwasher leaks through the door when in use. The respondent stated this is intended to be corrected. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 19: “Master Bathroom - Top handle has 3 settings 1 of them is not doing anything, this was reported at the time of closing. Reported the Day after closing.;”

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Investigator’s Observations: Verified. • Both parties acknowledged the valve issue has been corrected; however, the drywall repair is not yet complete. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 20: “HVAC - Outside Unit is still sinking and the Panels are still shut off by themselves - Reported the Day after closing.;” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 22: “Shower Glass in the Master Bathroom - Cratches on the window were Reported the Day after closing.;” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 23: “Countertop - Chips and stuff on the quartz reported at the walkthru.;” Investigator’s Observations: Verified. • Dark colored marks on the surfaces • Chips • Poorly filled chip near the sink Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 24: “Front Yard - The neighbors had their front yard landscaped and they placed a hill of dirt on my area which is now not allowing me to open my side of gate.” Investigator’s Observations: Verified. • The complainant stated the landscaping issue has been corrected; however, the corrective work resulted in damage to the concrete driveway. • The respondent confirmed the damage is a result of the recent work. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 29: “Back Yard - Reported water pooling when it rains;” Investigator’s Observations: Verified. • Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence. There should be no standing water in the yard more than 48 hours after a rain. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 30: “Missing cover for Vent extractor in the Garage” Investigator’s Observations: Verified. • Exhaust/extractor fan in the garage is missing the cover. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 32: “2- The master bathroom shower tile has issues with cracked and chipped tiles, as well as missing grout. Grout throughout the shower has holes or is deteriorating, the step doesn’t correctly drain towards the drain, and tile lines are not straight.” Investigator’s Observations: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 35: “5- Outside A/c unit had to be removed due to the reported A/C pad sinking; this caused the lines to crack and freon leak; the pad is still unlevel, so the unit has been sitting on dirt unit for a few weeks. I want the unit inspected to avoid future issue. 6- The HVAC wiring to the master bedroom had to be redone due to wire damage. I want the corrections inspected.” Investigator’s Observations: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 38: “9- The RV garage door is missing a window top panel should be two.” Investigator’s Observations: Verified. • The respondent confirmed the RV door is to have two panels with glass. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 41: “12- The ceiling ventilators ins bathrooms and Laundry room are loose. The laundry room ventilator is making a lot of noise/” Investigator’s Observations: Verified. • The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 43: “Some windows have the railing with bowing making it hard for the window to open or close.” Investigator’s Observations: Verified. • The lower track is curling up in some windows.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 45: “15- The roof has metal water diverters full of plaster and not draining the water correctly, possibly pushing the water back under the tile.” Investigator’s Observations: Verified. • There is debris in the sidewall flashing near the entry area. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 46: “16 - Roof facia boards have twists or cracks on the roof; the underside of the roof is showing signs of water damage and is not painted correctly.” Investigator’s Observations: Verified. • Bird stop metal at the back of the house is dented/wrinkled • Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards • Areas of splits/cracks • Areas of unpainted wood • Areas of overspray Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 1B: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations: The following are NOT verified as a violation of A.R.S. § 32-1154(A). • Dovetail drawer boxes o The current drawer boxes do have dovetail joints. • Cut edges on bottoms of cabinets o These cut edges are a result of the product manufacturing, and not the result of the installation. This is NOT verified as the responsibility of the Respondent. This may be the responsibility of the product manufacturer. Note: The Registrar makes no determination regarding the product manufacturer's responsibility or liability. Governing Rule: N/A

Complaint Item 7: “I have 3 scratched windows in the Master Bathroom” Investigator’s Observations: This allegation is NOT verified. The complainant stated these have been replaced. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 12: “Garage Door isn't closing are Required per safety standards;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 14: “Electric - Day after closing reported that the kitchen outlet is loose;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 16B: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations: This allegation is NOT verified. Scratches described by the complainant were not visible. Governing Rule: N/A

Complaint Item 18: “Bathtub in 2nd Bathroom - Chips on the tub this was reported the day after we closed;” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 21: “Exterior Fire Bell - Missing Reported the Day after closing.;” Investigator’s Observations: This allegation is NOT verified. The fire bell is now installed. Based on the respondent’s testing, the fire bell tested as functional during this inspection. Governing Rule: N/A

Complaint Item 25: “I'm also missing the cover for my driveway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 26: “I keep getting sinkholes where the driveway meets the Rocks, due to not properly grading.” Investigator’s Observations: This allegation is NOT verified. There is a visible slope from the house towards the street. There was no evidence of sink holes during this inspection. Governing Rule: N/A

Complaint Item 27: “I also have water pooling in the front walkway” Investigator’s Observations: This allegation is NOT verified. The complainant stated this has been fixed. Governing Rule: N/A

Complaint Item 28: “as well as missing and uneven rocks in the front.;” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

There are small areas of decorative rock spread thin; however, there is insufficient evidence to verify this as the responsibility of the respondent. Governing Rule: N/A

Complaint Item 37: “8- Report upon move-in that the view fence is loose and rebar sticking out with wood visible I was instructed to report this to HOA, but this needs to be addressed” Investigator’s Observations: This allegation is NOT verified. This back/fence was stated to be just past the complainant’s property line. Governing Rule: N/A

Complaint Item 42: “13- Windows have areas with no caulking; they just painted without surounding with cauliking.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The gap spacing between the stucco and the window frames is less than 1/16 inch. Governing Rule: N/A

Complaint Item 44: “14- The master bedroom medicine cabinet is not flush, so door doesn’t close correctly” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). • The medicine cabinet door and/or the medicine cabinet box is warped less than 1/8 inch from top to bottom of the mirrored panel. Governing Rule: N/A

Complaint Item 48: “18 - Add-on outlets for garage for use of power tools use of these outlets trips and cause the RV garage door, Garages door, and left side of the house to trip” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The receptacles pointed out are part of the 15 amp garage receptacle circuit. Currently there is no contract language specifying these receptacles are to be higher amperage or dedicated circuits. Governing Rule: N/A

DUPLICATE ITEMS The following are duplicate complaint items:

Complaint Item 8: “as well as 1 broken window in the garage done by the Roofers when they were installing the neighbor's roof.;” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 31: “1- Corrected side area, but main front yard still has spots where there are no rocks or enough rocks to cover; there is also visible water line or cable lines from the irrigation system” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 33: “3- The whole house is tiled, and reported grout issues along with chipped tiles, areas where grout is missing, and areas where tile is uneven above ROC standards.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director

Complaint Item 34: “4- Where tile meets trim, or tile meets cabinets, or any other non-tile surface, there is missing caulking” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 36: “***7- Correction to prior bullet point complaint on backyard NOT graded correctly; there is water pooling that lasted over a week.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 39: “10- Sliding glass door is still not closing correctly and missing screen doors. The seal on the doors are also missing and causing the glas to slip per the trait.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 40: “11- Floor baseboard & trim has very noticeable cracks, the fix of wood putty is not acceptable and very noticeable” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Complaint Item 47: “17 - Exterior doors fix caused more issues. Screws are visible and not attached to wood. You can now hear the windy whistling on both exterior doors, and we still see sunlight through the master bedroom door.” Investigator’s Observations: This is a duplicate of a previous Complaint Item.

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

John Smith John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov C009 04/21 Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 August 16, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-02212

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for September 6, 2023 at 10:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Ana Moriset 12623 N Appling Ave Marana, AZ 85653

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-02212 Investigator: John Smith Inspection Date: September 6, 2023 Inspection Time: 10:30 AM

Complainant: Ana Moriset

Respondent: Richmond American Construction Inc

Compliance Jobsite Inspection

Present for the Complainant: Ana Moriset Present for the Respondent: Brandon Fila, and 7 others Number of days allowed for corrective work: • Initial Directive issued 4/12/2023 allowing 28 days, specifying a due date of 5/10/2023 • Amended Directive issued 5/11/2023, specifying a due date of 5/31/2023 • Amended Directive issued 7/11/2023, specifying a due date of 8/8/2023 Number of days from issuance of the original Directive to this inspection: 147

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

Compliance Jobsite Inspection General Notes: This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below.

Complaint Item 1: “Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.;” Investigator’s Observations from the initial inspection: Verified. • The cabinet doors are not soft close o The cabinet doors are not soft close. o The respondent acknowledged the doors are to be soft close. • Finish o Splits/cracks, scratches, chips, and dings in doors and drawer fronts. o One missing door. o Discolored/cloudy finish in a bathroom. • Shelf 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 o One cabinet shelf not level • Holes in drawer box o At least one drawer box with drill holes on the back panel. • Face frames o At least one area of face frame connections not flush o Areas of minor gaps between face frames • Gap at walls o Gaps between drywall and scribe moldings. Compliance Inspection Findings for this item: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Visible runs in the finish o Visible texture/sheen variations in the finish o Visible filler in the finish o Split/damage to face frame near a door hinge o Scuff/damage in the crown molding o Incorrect size roll-out shelf (significantly shorter height than original) o Damaged base cabinet shelf o Gap between countertop and refrigerator panel • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, are considered to be in compliance with workmanship standards: o Hairline split at edge of door considered to be within industry standards o Hairline split at edge of a face frame considered to be within industry standards o Stain color consistency considered to be within industry standards

Complaint Item 2: “Drywall - Some Items were fixed but when the cable company came to fix there issue the company made a hole in the Garage Drywall, and there is still a hole by the Hood that also needs to be replaced.;” Investigator’s Observations from the initial inspection: Verified. • Hole in drywall from recent plumbing repair • Drywall router cuts not properly repaired • Several unfinished drywall patches • Dings/dents in the drywall • Torn drywall Compliance Inspection Findings for this item: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Drywall finish around the master shower openings, specifically, the surface of the drywall is not flush to the surface of the Schluter trim, varying from flush to approximately 3/16 inch. • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, are considered to be in compliance with workmanship standards: o Drywall finish behind the door in the master closet

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item 3: “Stucco - There are a few spots where I'm still seeing the chicken wire, and stucco is missed by the window that is broken in the garage.;” Investigator’s Observations from the initial inspection: Verified. • Several areas of recent stucco repairs incomplete/unpainted. • A void in the stucco below a patio receptacle. • Glob of drywall compound / calking on the stucco in the patio area • Void between stucco and drywall ceiling at patio and entry area • Stucco on the ceilings of the patio and entry areas Compliance Inspection Findings for this item: This has been corrected. The complainant stated this is done.

Complaint Item 4: “window that is broken in the garage.;” Investigator’s Observations from the initial inspection: Verified. • Broken glass in the garage window. The respondent confirmed this was a result of roofing work on the adjoining property. Compliance Inspection Findings for this item: This has NOT been corrected. The complainant stated she has not been able to provide access to this area due to storage items in the garage.

Complaint Item 5: “Paint Clean-up - There was paint all over my floor tiles the worker was assigned only 2 hours and they had a lot of paint on the floor. Clean-up is still needed in the Master Bdr, Mast bth, Mudroom, Living Room & Fire Sprinkler as well as cleaning up the paint in the cabinets. Paint in the fire Sprinklers is an issue because they are not supposed to have pain on or around them; Paint - I have two tones of white in my home and areas where the paint was not;” Investigator’s Observations from the initial inspection: Verified. • Several unfinished/unpainted drywall patches • Several areas of unpainted/unfinished trim • Paint runs • Areas of incorrect color/sheen of paint, drywall and trim • Paint on exterior window frames • Paint and/or drywall compound on a sprinkler head Compliance Inspection Findings for this item: The complainant stated this has all been corrected; however, there remains areas of paint spots on the tiles as a result of recent work.

Complaint Item 6: “Windows The sliding glass was not able to close properly so went with an unsecured back door for full week. They came to fix the issue but the door is still not 100% closing properly and the plastic seals are missing as well as the missing screens, the handles need to be replaced as Richmond's fix was a wire that scratched up the handles.” Investigator’s Observations from the initial inspection: Verified. • When closed and latched, the weather stripping is not making a seal against the “H” style astragal. • Stucco/masonry debris in the lower frame/track • Some type of caulking and/or tile setting products on the inside of the frame • Missing screens Compliance Inspection Findings for this item: This has been corrected. The complainant stated this is fixed. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item 9: “Doors and Trim - The person showed up to take pictures only Every single one of my doors is cracked or broken, I have so many issues with the baseboards and Door trims” Investigator’s Observations from the initial inspection: Verified. • Unfinished/unpainted filler on the doors • Gouge/gap near hinge(s) • Bumps, gouges, unfilled holes, in the finish of the trim • Runs in the paint • Unfinished/unpainted filler on the trim • Excessively sort pieces of trim used, some less than three inches in length • Poor alignment at joints/seams • Some pieces of trim broken • Some pieces of trim broken and poorly repaired • Areas of trim incomplete/unfinished • Mismatched corners near master shower Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has all been corrected, and good, with the exception of one door in the master bathroom. The complainant pointed out a hairline crack in the jamb/finish directly above the strike plate. This hairline crack is only visible up close and at a specific angle. This is considered to be in compliance with workmanship standards.

Complaint Item 10: “The Master Bedroom Back door is not locked at all” Investigator’s Observations from the initial inspection: Verified. • Strike plates and backsets poorly mortised with large gaps • At least one screw not secured into wood/lumber Compliance Inspection Findings for this item: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Poorly matched touch up paint on the exterior of the door o Incomplete/unpainted filler on the edge of the door.

Complaint Item 11: “Front Door is not sealed correctly and you have to pull firmly on the door to get it to lock” Investigator’s Observations from the initial inspection: Verified. • Exterior trim is not sealed/caulked to the walls, allowing air infiltration Compliance Inspection Findings for this item: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Poorly matched touch up paint on the exterior of the door

Complaint Item 13: “Tile - Grout missing and not installed prior, have chipped tile in the corners of rooms The master bathroom has chipped and cracked tile;” Investigator’s Observations from the initial inspection: Verified. • Areas of missing grout • Areas of air voids in the grout 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 • Areas of chipped tiles Compliance Inspection Findings for this item: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Voids in the grout around door casings o Grout/caulk material on the surface of tiles.

Complaint Item 15: “Gas Range - The range was damaged at installation, reported Prior to closing on the walkthru;” Investigator’s Observations from the initial inspection: Verified. • The back panel is not properly or securely attached to the range • There is a chip in the finish of the range at the right side Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been replaced.

Complaint Item 16A: “Hood - The hood was improperly installed, reported the day after closing;” Investigator’s Observations from the initial inspection: Verified. • Sections of the duct cover dot not fit together properly • Areas of adhesives on the stainless steel finish • Areas of protective plastic not fully removed Compliance Inspection Findings for this item: • Sections of the duct cover dot not fit together properly

Complaint Item 17: “Dishwasher - The dishwasher can't be used because it leaks when installed reported the day after closing” Investigator’s Observations from the initial inspection: Verified. As described by the complainant, the dishwasher leaks through the door when in use. The respondent stated this is intended to be corrected. Compliance Inspection Findings for this item: • The rubber seal/flap between the dishwasher housing and the cabinets is curled, not flat as intended.

Complaint Item 19: “Master Bathroom - Top handle has 3 settings 1 of them is not doing anything, this was reported at the time of closing. Reported the Day after closing.;” Investigator’s Observations from the initial inspection: Verified. • Both parties acknowledged the valve issue has been corrected; however, the drywall repair is not yet complete. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this has been corrected.

Complaint Item 20: “HVAC - Outside Unit is still sinking and the Panels are still shut off by themselves - Reported the Day after closing.;” Investigator’s Observations from the initial inspection: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Compliance Inspection Findings for this item: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 The exterior A/C unit is now installed and functioning; however, the grading around the unit is sloping towards the house causing ponding as a result of condensate drainage.

Complaint Item 22: “Shower Glass in the Master Bathroom - Cratches on the window were Reported the Day after closing.;” Investigator’s Observations from the initial inspection: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. Compliance Inspection Findings for this item: This has been corrected. The complainant states this is good.

Complaint Item 23: “Countertop - Chips and stuff on the quartz reported at the walkthru.;” Investigator’s Observations from the initial inspection: Verified. • Dark colored marks on the surfaces • Chips • Poorly filled chip near the sink Compliance Inspection Findings for this item: There is a gap between countertop and refrigerator panel

Complaint Item 24: “Front Yard - The neighbors had their front yard landscaped and they placed a hill of dirt on my area which is now not allowing me to open my side of gate.” Investigator’s Observations from the initial inspection: Verified. • The complainant stated the landscaping issue has been corrected; however, the corrective work resulted in damage to the concrete driveway. • The respondent confirmed the damage is a result of the recent work. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this is fixed.

Complaint Item 29: “Back Yard - Reported water pooling when it rains;” Investigator’s Observations from the initial inspection: Verified. • Grading in the yard is improperly sloped away from the drainage openings in the block wall/fence. There should be no standing water in the yard more than 48 hours after a rain. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this is fixed.

Complaint Item 30: “Missing cover for Vent extractor in the Garage” Investigator’s Observations from the initial inspection: Verified. • Exhaust/extractor fan in the garage is missing the cover. Compliance Inspection Findings for this item: This has been corrected. The complainant stated was put in.

Complaint Item 32: “2- The master bathroom shower tile has issues with cracked and chipped tiles, as well as missing grout. Grout throughout the shower has holes or is deteriorating, the step doesn’t correctly drain towards the drain, and tile lines are not straight.” Investigator’s Observations from the initial inspection: Verified. The respondent stated the shower is scheduled to be redone, including replacing the glass. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Inspection Findings for this item: This has been corrected. The complainant states this is good.

Complaint Item 35: “5- Outside A/c unit had to be removed due to the reported A/C pad sinking; this caused the lines to crack and freon leak; the pad is still unlevel, so the unit has been sitting on dirt unit for a few weeks. I want the unit inspected to avoid future issue. 6- The HVAC wiring to the master bedroom had to be redone due to wire damage. I want the corrections inspected.” Investigator’s Observations from the initial inspection: Verified. • A/C condensing unit is currently disconnected/removed. • The pad for the condensing unit is 5/8 inch out of level in one direction, and 1 inch out of level in the other direction. Compliance Inspection Findings for this item: The exterior A/C unit is now installed and functioning; however, the grading around the unit is sloping towards the house causing ponding as a result of condensate drainage.

Complaint Item 38: “9- The RV garage door is missing a window top panel should be two.” Investigator’s Observations from the initial inspection: Verified. • The respondent confirmed the RV door is to have two panels with glass. Compliance Inspection Findings for this item: This has NOT been corrected. The complainant stated she has not been able to provide access to this area due to storage items in the garage.

Complaint Item 41: “12- The ceiling ventilators ins bathrooms and Laundry room are loose. The laundry room ventilator is making a lot of noise/” Investigator’s Observations from the initial inspection: Verified. • The laundry room exhaust fan and one bathroom exhaust fans are hanging down from the ceiling. • The noise from the laundry room fan was not heard during this inspection; however, the respondent stated this fan is scheduled to be replaced. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this is fixed.

Complaint Item 43: “Some windows have the railing with bowing making it hard for the window to open or close.” Investigator’s Observations from the initial inspection: Verified. • The lower track is curling up in some windows. Compliance Inspection Findings for this item: This has been corrected. The complainant stated this is fixed.

Complaint Item 45: “15- The roof has metal water diverters full of plaster and not draining the water correctly, possibly pushing the water back under the tile.” Investigator’s Observations from the initial inspection: Verified. • There is debris in the sidewall flashing near the entry area. Compliance Inspection Findings for this item: The only allegation specific to the roofing material in this complaint is Complaint Item 45. The complainant stated this is corrected.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 During the compliance inspections, the complainant provided photos of at least one bent roof vent, specifically an O’Hagin style vent. This damaged vent was not an original or addendum complaint item in this complaint. If this specific item is not resolved between the parties, this would need to be listed on a new complaint form.

Complaint Item 46: “16 - Roof facia boards have twists or cracks on the roof; the underside of the roof is showing signs of water damage and is not painted correctly.” Investigator’s Observations from the initial inspection: Verified. • Bird stop metal at the back of the house is dented/wrinkled • Gusset plates are missing from some fascia boards seams, resulting in some twisted fascia boards • Areas of splits/cracks • Areas of unpainted wood • Areas of overspray Compliance Inspection Findings for this item: The complainant confirmed issues specific to exterior stucco, paint, and fascia boards have been corrected; however, recent corrective work resulted in the exterior hood vent being dented.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Inspection Photos 1 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Compliance Inspection Photos 2 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Visible runs in the finish

Compliance Inspection Photos 3 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Visible runs in the finish

Compliance Inspection Photos 4 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Visible texture/sheen variations in the finish

Compliance Inspection Photos 5 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Visible filler in the finish

Compliance Inspection Photos 6 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Split/damage to face frame near a door hinge

Compliance Inspection Photos 7 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Scuff/damage in the crown molding

Compliance Inspection Photos 8 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Incorrect size roll-out shelf (significantly shorter height than original)

Compliance Inspection Photos 9 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Damaged base cabinet shelf

Compliance Inspection Photos 10 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Gap between countertop and refrigerator panel • X • Hairline split at edge of door considered to be within industry standards • Hairline split at edge of a face frame considered to be within industry standards • Stain color consistency considered to be within industry standards

Compliance Inspection Photos 11 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Hairline split at edge of door considered to be within industry standards

Compliance Inspection Photos 12 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Stain color consistency considered to be within industry standards

Compliance Inspection Photos 13 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, are considered to be in compliance with workmanship standards: o Drywall finish behind the door in the master closet

Compliance Inspection Photos 14 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Drywall finish around the master shower openings, specifically, the surface of the drywall is not flush to the surface of the Schluter trim, varying from flush to approximately 3/16 inch.

Compliance Inspection Photos 15 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Drywall finish around the master shower openings, specifically, the surface of the drywall is not flush to the surface of the Schluter trim, varying from flush to approximately 3/16 inch.

Compliance Inspection Photos 16 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Drywall finish around the master shower openings, specifically, the surface of the drywall is not flush to the surface of the Schluter trim, varying from flush to approximately 3/16 inch.

Compliance Inspection Photos 17 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Drywall finish around the master shower openings, specifically, the surface of the drywall is not flush to the surface of the Schluter trim, varying from flush to approximately 3/16 inch.

Compliance Inspection Photos 18 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Drywall finish around the master shower openings, specifically, the surface of the drywall is not flush to the surface of the Schluter trim, varying from flush to approximately 3/16 inch.

Compliance Inspection Photos 19 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

The complainant pointed out a hairline crack in the jamb/finish directly above the strike plate. This hairline crack is only visible up close and at a specific angle. This is considered to be in compliance with workmanship standards.

Compliance Inspection Photos 20 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

The complainant pointed out a hairline crack in the jamb/finish directly above the strike plate. This hairline crack is only visible up close and at a specific angle. This is considered to be in compliance with workmanship standards.

Compliance Inspection Photos 21 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Master bedroom exterior door: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Poorly matched touch up paint on the exterior of the door o Incomplete/unpainted filler on the edge of the door.

Compliance Inspection Photos 22 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Master bedroom exterior door: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Poorly matched touch up paint on the exterior of the door o Incomplete/unpainted filler on the edge of the door.

Compliance Inspection Photos 23 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Main entry door: • The following condition(s), pointed out by the complainant during the 9/6/23 compliance inspection, do not meet workmanship standards: o Poorly matched touch up paint on the exterior of the door

Compliance Inspection Photos 24 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

o Voids in the grout around door casings o Grout/caulk material on the surface of tiles.

Compliance Inspection Photos 25 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

o Voids in the grout around door casings o Grout/caulk material on the surface of tiles.

Compliance Inspection Photos 26 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• Sections of the duct cover dot not fit together properly

Compliance Inspection Photos 27 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The rubber seal/flap between the dishwasher housing and the cabinets is curled, not flat as intended.

Compliance Inspection Photos 28 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

• The rubber seal/flap between the dishwasher housing and the cabinets is curled, not flat as intended.

Compliance Inspection Photos 29 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

The exterior A/C unit is now installed and functioning; however, the grading around the unit is sloping towards the house causing ponding as a result of condensate drainage.

Compliance Inspection Photos 30 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

The exterior A/C unit is now installed and functioning; however, the grading around the unit is sloping towards the house causing ponding as a result of condensate drainage.

Compliance Inspection Photos 31 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

The exterior A/C unit is now installed and functioning; however, the grading around the unit is sloping towards the house causing ponding as a result of condensate drainage.

Compliance Inspection Photos 32 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

There is a gap between countertop and refrigerator panel

Compliance Inspection Photos 33 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Exterior hood vent dented.

Compliance Inspection Photos 34 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Exterior hood vent dented.

Compliance Inspection Photos 35 Case No.: 2023-02212 Investigator: John Smith #194 Inspection Date: 9/6/2023 Inspection Time: 10:30AM CJSI Jobsite address: 12623 N. Appling Ave., Marana, AZ 85653

Exterior hood vent dented.

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ana Moriset, Case No. 2023-02212 COMPLAINANT, v.

Richmond American Construction Inc, CITATION License No. ROC 206612,

RESPONDENT.

The Registrar issues this Citation to Richmond American Construction Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 28, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On February 22, 2023, Ana Moriset (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 .R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-02212. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 28, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41-

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 13, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 13, 2023 to:

Respondent Certified Mail No: [number redacted]

Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254 Copy mailed by USPS First Class Mail this same date to: Respondent Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254

Complainant Ana Moriset 12623 N Appling Ave Marana, AZ 85653 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-02212

of 5 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation. The Office of Administrative Hearings is located at 1740 W Adams St., Lower Level, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 ARIZONA REGISTRAR OF CONTRACTORS

Douglas A. Ducey, Governor Jeff Fleetham , Director

Form REQUEST TO CLOSE CASE RC-Lg-701A

Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.

If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:

The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.

The Complainant will be required to establish, before the administrative law judge, the merits of their claim.

A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent

B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.

_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date

_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date

1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov

Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Ana Teresa Moriset Mailing Address (Enter jobsite in Contract/Project section) City State Zip

12623 N Appling Ave Marana Arizona 85653 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Richmond American Homes of Arizona, Inc., a Delaware Corporation ROC ROC 03 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

Brandon Fila Contract/Project Information Contract Date Contract Amount Amount Paid

November 19, 2021 $494,870.00 $494,870.00 Date Work Started Date Work Stopped Date Work Was Completed

November 19, 2021 November 22, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

November 22, 2022 November 25, 2022 Jobsite Street Address City State Zip

12623 N Appling Ave Marana AZ 85653 Name of Construction Site Owner Construction Site Name (if applicable)

Ana Moriset GLADDEN FARMS BLOCK 30 LOTS 1-136 Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work;Other I have contacted the contractor by Phone/Text;Email;Letter Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Written All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor [number redacted] Marana List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Cabinets - Was shown a higher quality cabinet and was told all cabinet quality was high, ordered dovetail drawers with soft close and was installed the base quality per the Gallery, but was lied to on the quality of the cabinets as they showed me a level 4 and was told that is the quality build I was going to get.; Drywall - Some Items were fixed but when the cable company came to fix there issue the company made a hole in the Garage Drywall, and there is still a hole by the Hood that also needs to be replaced. ; Stucco - There are a few spots where I'm still seeing the chicken wire, and stucco is missed by the window that is broken in the garage. ; Paint Clean-up - There was paint all over my floor tiles the worker was assigned only 2 hours and they had a lot of paint on the floor. Clean-up is still needed in the Master Bdr, Mast bth, Mudroom, Living Room & Fire Sprinkler as well as cleaning up the paint in the cabinets. Paint in the fire Sprinklers is an issue because they are not supposed to have pain on or around them ; Paint - I have two tones of white in my home and areas where the paint was not ; Windows The sliding glass was not able to close properly so went with an unsecured back door for 1 full week. They came to fix the issue but the door is still not 100% closing properly and the plastic seals are missing as well as the missing screens, the handles need to be replaced as Richmond's fix was a wire that scratched up the handles. I have 3 scratched windows in the Master Bathroom as well as 1 broken window in the garage done by the Roofers when they were installing the neighbor's roof.

; Doors and Trim - The person showed up to take pictures only Every single one of my doors is cracked or broken, I have so many issues with the baseboards and Door trims The Master Bedroom Back door is not locked at all Front Door is not sealed correctly and you have to pull firmly on the door to get it to lock Garage Door isn't closing are Required per safety standards ; Tile - Grout missing and not installed prior, have chipped tile in the corners of rooms The master bathroom has chipped and cracked tile ; Electric - Day after closing reported that the kitchen outlet is loose ; Gas Range - The range was damaged at installation, reported Prior to closing on the walkthru ; Hood - The hood was improperly installed, reported the day after closing ; Dishwasher - The dishwasher can't be used because it leaks when installed reported the day after closing

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

; Bathtub in 2nd Bathroom - Chips on the tub this was reported the day after we closed ; Master Bathroom - Top handle has 3 settings 1 of them is not doing anything, this was reported at the time of closing. Reported the Day after closing. ; HVAC - Outside Unit is still sinking and the Panels are still shut off by themselves - Reported the Day after closing. ; Exterior Fire Bell - Missing Reported the Day after closing. ; Shower Glass in the Master Bathroom - Cratches on the window were Reported the Day after closing. ; Countertop - Chips and stuff on the quartz reported at the walkthru. ; Front Yard - The neighbors had their front yard landscaped and they placed a hill of dirt on my area which is now not allowing me to open my side of gate. I'm also missing the cover for my driveway I keep getting sinkholes where the driveway meets the Rocks, due to not properly grading. I also have water pooling in the front walkway as well as missing and uneven rocks in the front.; Back Yard - Reported water pooling when it rains; Missing cover for Vent extractor in the Garage

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Ana Teresa Moriset \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 DocuSign Envelope ID: 892E33D1-0735-460E-AASD-0468DF8AB343

§RICHVIOND IGRMERICAN HOMES

PURCHASE AGREEMENT

THIS PURCHASE AGREEMENT ("Agreement") is entered into by and between Richmond American Homes of Arizona, Inc., a Delaware Corporation ("Seller"), with an office located at 3091 West Ina Road, Tucson, AZ 85741, and Ana Moriset (full legal name) ("Buyer"), who presently resides at 1180. W. Doolan (Street Address), Tucson (City), AZ (State) 85755 (Zip) Phone Number 1: (520) 668-2849: Phone Number 2: (520) 668-2849; Email: at1980@gmail. com, Buyer and Seller are sometimescollectively referred to in this Agreement as the "parties" and individually as a "party." The defined terms in this Agreement and the Sections where their definitions can be found are in the attached Index of Definitions. THIS AGREEMENT INCLUDES AN ALTERNATIVE DISPUTE RESOLUTION PROVISION WHICH IS SET FORTH IN THE ATTACHED ALTERNATIVE DISPUTE RESOLUTION ADDENDUM. 1. PROPERTY. Pursuant to the terms and conditions of this Agreement, Seller agrees to sell and Buyer agrees to purchase the following described real property: Lot/Unit 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, Parcel/Tax Map No. [number redacted], City/Township Marana , County Pima, State AZ, Zip 85653, also known as 12623.N APPLING AV (Street Address), together with the residential dwelling constructed or to be constructed thereon (" Home"), in substantial conformance with Plan Name and Number Deacon - T772, Elevation ELVA ("Plans"). The real property anid the Home are collectively referred to in this Agreement as the " Property.” Buyer will take title to the Property as Joint Tenants, Tenants in Common, Tenants by the Entirety (husband and wife only; not available in California Washington or Colorado), Individually, Community Property, Community Property with Right of Survivorship (not available in Florida); x Other: TED (check only one box). if Buyer consists of more than one individual and does not makea selection fortitle Buyer will take title to the Property in equal shares as Tenants in Common, unless Buyeris a marital community or a registered domestic partnership in a community property state and does not make a selection for title, in which event Buyerwill take title to the Property as Community Property. 2. PURCHASE PRICE. Thepurchaseprice for the Property is:

$414,990.00 "Base Price" Plus: $16,923.00 Cost of Buyer's On-Site Options and Home Gallery Selections as defined in the On-Site Options and Home Gallery Selections Section of this Agreement as described in the Job Initiation Order ("Job Initiation Order") or in Seller's change order forms ("Change Order’). Plus: $22,000.00 "Lot Premium,"if any, described in Job Initiation Order or Change Order.

Less: $0.00 Credit given by Seller to Buyer for applicable sales program promotions or incentives as described in any Addenda attached to this Agreementorin Seller's Change Order. Total: $453,913.00 Total Purchase Price which amount may be modified prior to Closing by, among other things, the subsequent addition of On-Site Options and Home Gallery Selections ("Total Purchase Price") and will be described in the " Final Purchase Price Acknowledgment."

3. PAYMENT.

3.1. Total Purchase Price. The Total Purchase Price shall be payable to Seller in United States Dollars ("USD") as follows: $8,300.00 "Deposit" paid upon execution of this Agreement by Buyer. The Deposit has been paid in the form of debit _car($ received today) and 0. (promissory note), receipt of which is acknowledged by Seller.

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@RICHVIOND NWOAAMERICAN HOMES $445,613.00 Balance of Total Purchase Price due at Closing subject to closing adjustments, addition of On-Site Options and Home Gallery Selections, and application of Personalization Deposits. The balance of the Total Purchase Price shall be paid by wire transfer, certified funds, or cashier's check at Closing, as allowed bystate law.

[Buyerhasorwill have funds available at Closing to pay the balanceof the Total Purchase Price and this Agreementis not subject to the Financing Condition. Buyer shall provide Seller with verification of sufficient funds within five days of Buyer's execution of this Agreement and shall provide continued verification upon Seller's request.

[x|This Agreementis subject to the Financing Condition of this Agreement.

3.2 Deposit and Personalization Deposit. Upon selection of On-Site Options and Home Gallery Selections as defined below, or upon written agreement between Buyer and Seller for a custom change to the Home, Seller may require that Buyer provide an additional deposit (the "Personalization Deposit") in an amount determined by Seller. The Personalization Deposit shall be delivered to Seller by check made payable to the order of Seller. The Deposit and the Personalization Deposit shall be applied to the Total Purchase Price due at Closing, or, if Buyer defaults, shall serve as Liquidated Damages pursuant to the Default and Remedies provisions of this Agreement. The Deposit and the Personalization Deposit shall be non-refundable except as otherwise provided in this Agreementor by applicable law.

Except as required by applicable law and except as required if Buyer is financing the Property through a Veteran's Administration ("VA") guaranteed loan, Buyer is advised that the Deposit, the Personalization Deposit, and all other funds advanced or paid under this Agreement will not be placed in a neutral escrow. Such funds will be paid directly to Seller and may be placedin Seller's general account and used by Seller in connection with the construction of the Property or for general corporate purposes. With respect to VA guaranteed loansSeller will place any Deposit and Personalization Deposit in a trust account as required by 38 U.S.C. §3706 until Closing occurs or such Deposits are otherwise disposed of in accordance with the terms and conditions of this Agreement. All interest, if any, earned on the Deposit and the Personalization Deposit shall be retained by Seller and shall not be applied to the Total Purchase Price, unless otherwise required by applicable law.

3.3 Closing Costs and Adjustments. The Total Purchase Price does notinclude adjustments such as Buyer's share of closing costs and escrowfees to be collected at Closing, including without limitation real property transfer taxes, Loan costs and fees, improvement location certificates, or homeowners association fees and assessments. Except as otherwise provided in this Agreement, Buyer shall be responsible for all closing costs including, withoutlimitation all costs of obtaining the Loan, the Closing Agent's fees, revenue stamps, state and local transfer taxes, and all other customary settlement, closing and recording charges. General real estate taxes, general and special assessments, homeowners association assessments, if any, and all other costs and charges customarily prorated in the jurisdiction in which the Property is located will be prorated to the Closing Date based onthe latest available information. Such prorations will be final and will survive Closing.

4, FEES.

4.1 Processing Fee. Upon execution of this Agreement by Buyer, Buyer shall pay Seller a fee of $250.00 (USD) for the preparation and administration of this Agreement ("Processing Fee"). If Buyer requests and Seller approves any modifications or additions to On-Site Options or Home Gallery Selections after Buyer has finalized Personalization selections as provided in the On-Site Options and Home Gallery Selections Section, Buyer shall pay Seller a fee up to $500.00 (USD) for each modification ("Reprocessing Fees"). The Processing Fee and any Reprocessing Fees are not credited against the Total Purchase Price. The Processing Fee and Reprocessing Fees do not cover any third-party processing charges or costs, including without limitation Loan or credit processing fees, which Buyer must pay separately. The Processing Fee and Reprocessing Fees are not applicable if the Property is financed by a VA guaranteed loan.

4.2 Appraisal Fee. If Buyer owns another home that must be sold in order to purchase the Property, Seller may obtain an appraisal for that home at Buyer's cost which shall not exceed $500.00, Buyer shall pay Seller the cost of that appraisal upon the date of Buyer's execution ofthis Agreement ("Appraisal Fee"). The appraised value determined by this appraisal shall be the " Appraised Value" for purposes of the Existing Property Contingency Section of this Agreement.

PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D 1-0735-460E-AASD-9468DF8AB343

&)RICHVIOND WAZ AMERICAN HOMES The Appraisal Fee is not credited against the Total Purchase Price.

4.3 Non-Refundable. All references in this Agreement to the return of the Deposit or the Personalization Deposit to Buyer, or to the return of amounts previously paid by Buyer, shall not include Processing Fees, Reprocessing Fees or Appraisal Fees. Processing Fees, Reprocessing Fees, and Appraisal Fees are non-refundable.

5. ON-SITE OPTIONS AND HOME GALLERY SELECTIONS.

5.1 Timing for Selections. Buyer may select certain optional items, changes or modifications to the Property offered on-site by Seller ("On-Site Options"). At the time of Buyer's execution of this Agreement or prompily thereafter, Seller will schedule an appointment with Buyer to commence Buyer's selection of all colors and materials for cabinets, carpet, countertops, floor coverings and other color and design items offered by Seller (‘Home Gallery Selections"). Depending on the construction status of the Property, and if offered by Seller, On-Site Options and Home Gallery Selections may include structural, architectural, electrical, or mechanical changes, additions, or deletions to the Property. Buyer agrees to select all On-Site Qptians and to make all Home Gallery Selections within seven / twenty-one days of Buyer's execution of this Agreement. Buyer agrees to make(sUch selections within a shorter time period as may be reasonably required by Seller. Depending on the construction status of the Property, Buyer agrees that at the time Seller accepts this Agreement, certain On-Site Options and Home Gallery Selections may have already been selected by Seller and cannot be changed by Buyer. If Buyerfails to make any selection within the time limits provided by Seller, Seller may make selections for Buyer at no additional charge and those selections shall be binding on Buyer. lf Buyer elects to terminate this Agreement based on Seller's selections, Seller shall have the right to retain the Deposit and the Personalization Deposit as Liquidated Damages. Seller may charge a Late Closing Charge as provided below if Buyer's failure to timely make selections results in a delay in the Completion of the Property.

5.2 Personalization. Home Gallery Selections and On-Site Options are sometimes collectively referred to as "Personalization" and may reference standard options at no additional charge as well as selections for which Buyerwill pay additional charges. Personalization not included in a Job Initiation Order shall be subsequently agreed to in writing on Seller's Change Order. Buyer agrees that no Personalization is binding upon Seller without Seller's Job Initiation Order or Change Order approved and signed by an authorized representative of Seller. If this Agreement is subject to the Existing Property Contingency or the Financing Condition, Buyer agrees that Seller shall have the right to modify any Personalization selected by Buyer, at no additional charge, if Seller reasonably believes that the Personalization may adversely affect the marketability of the Property. Seller reserves the right to refuse to install any Personalization which Seller believes may cause the Total Purchase Price to exceed the Property's appraised value. Buyer agrees that certain On-Site Options and Home Gallery Selections may not be offered in all homes. Any additional cost of Personalization selected by Buyer and approved by Seller after the date of execution of this Agreement by Buyer will be added to the Total Purchase Price.

5.3. Payment of Personalization Deposit. The Personalization Deposit shall be paid by Buyer upon execution by Buyer and acceptance by Seller of any Change Order. After Buyer hasfinalized Personalization selections as documented in Seller's Change Orders, a Reprocessing Fee will be charged for Personalization changes. Additions or changes to Personalization selections, other than those required due to unavailable Personalization selections, must be agreed to in writing on Seller's Change Order and the Reprocessing Fee shall be paid upon execution of the Change Order. Seller may choose not to commenceinstallation of Personalization selections until Seller receives the Personalization Deposit.

5.4 Unavailable Personalization. If any Personalization selections (i) are unavailable or will not be available for installation for any reason, (ii) would be incompatible with the Plans, (ili) would require Seller to materially alter or modify work already performed, (iv) are subject to an increase in price beyond whatis included on any price sheet provided to Buyer and approved by Seller, or (v) will result in a delay in Seller's construction schedule or in Closing, then such Personalization may be deemed unavailable by Seller and Buyer shall make new Personalization selections within five days after receipt of notice from Seller.

5.5 Failure to Provide Personalization Selections. !f Seller does not provide the requested Personalization, Seller will refund the portion of Buyer's Personalization Deposit and any Reprocessing Fee for the Personalization not provided. The proportionate refund of Buyer's Personalization Deposit and Reprocessing Fee will be Seller's only obligation for not providing

PURCHASE AGREEMENT - ARIZONA,

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&SRICHVIOND WGAMERICAN HOMES

the Personalization, and any such omission shall have no other effect upon this Agreementor the responsibilities of Buyer or Seller under this Agreement. If an incorrect Personalization is installed, then Buyer's sole right and remedy shall be repair and/or re-installation of the Personalization in question or, at Seller's option, Seller will refund Buyer's Personalization Deposit and Reprocessing Feeas to thatitem.

5,6 Appraisal. An appraiser may not give value to Personalization and lot premiums. If Buyeris obtaining a Loan or paying cash and the Total Purchase Price, including Buyer's Personalization selections, exceeds the appraised value, Buyer shall remain responsible for paying the Total Purchase Price, including the amount by which the Total Purchase Price exceeds the appraised value of the Property exceptin the case of VA guaranteed or Federal Housing Administration (" FHA")insured financing as described in the Financing Condition Section.

6. FINANCING CONDITION. 6.1 Loan. f Buyer is obtaining a Loan to pay all or part of the Total Purchase Price ("Financing Condition"), Buyer's obligation to purchase the Property is conditioned upon Buyer promptly obtaining a written loan commitment from a lender satisfactory to Seller subject to conditions acceptable to Seller ("Loan Commitment"). Buyer shall use best efforts to obtain the Loan Commitment within thirty days after the date of execution of this Agreement by Buyer ("Loan Commitment Date"). The Loan Commitment shall commit the Lender to lend money to Buyer for the purchase of the Property ("Loan").

6.2 RESPA Notice. As required by the Real Estate Settlement Procedures Act of 1974, as amended or reenacted ("RESPA"), Seller notifies Buyer that Seller has business relationships with HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Title and Escrow Company ("AHT"), and American Home Insurance Agency (known as AHI Insurance Agencyin California) ("AHI") as more fully described in the attached Addendum titled Affiliated Business Arrangement Disclosure Statement. Because of these relationships, referrals to these companies may provide Seller a financial or other benefit.

6.3 Loan Application. Buyer shall apply for a Loan with either HomeAmerican or another lender of Buyer’s selection ("Lender"), within seven days of the date of execution of this Agreement by Buyer. The loan application shall not be considered complete for purposes of this Agreement unless ail information requested by Lender to complete the loan application has been provided to Lender. Buyer agreesto inform Seller on an ongoing basis of the status of the loan application. Buyerauthorizes Seller to contact Lender to determine the status of Buyer's loan application and consents to Lender's disclosure ofthis information to Seller. Buyer will notify Lender and Seller of any change in circumstances at any time during the term of this Agreement that may affect Buyer's ability to obtain a Loan or to purchase the Property. Buyer will fully cooperate with Lenderin processing the loan application and takeall action necessary to comply with all Lender requirements in a timely manner.

Seller may, at any time after Buyer's receipt of the Loan Commitment, give Buyer written notice that Seller in good faith believes Buyer may no longer qualify for a Loan of the type and/or amount necessary for the purchase of the Property. Within seven days of Seller's delivery of such written notice to Buyer, Buyer shall provide to Seller a Loan Commitment dated no earlier than seven days prior to Seller's request and conditioned only upon receipt of a satisfactory appraisal of the Property.

Buyer acknowledgesthat(i) interest rates and loan costs fluctuate and mayincrease or decrease between the date of execution of this Agreement by Buyer and the Closing Date, and (ii) delays in construction of the Home or in Closing might result in higher interest rates, higher or additional costs, or expiration of the Loan Commitment. To the fullest extent permitted by applicable law, Buyer waives any rights or remedies against Seller that Buyer may have, nowor in the future, for any fluctuation in the value of Buyer's Existing Property, changes in interest rates, higher or additional costs, or expiration of the Loan Commitment.

6.4 Failure to Obtain Loan Commitment; Extensions. If Buyer fails, despite best efforts, to obtain the Loan Commitment by the Loan Commitment Date, then the Loan Commitment Date may be extended by an authorized representative of Seller. Seller may in its sole discretion require Buyer to make application (as provided above) with at least two additional qualified Lenders. If Buyer fails, after full cooperation, to timely provide a written Loan Commitment,Seller may terminate this Agreement, and the Deposit, and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller, and both parties shall be relieved of further obligations under this Agreement. It is expressly agreed with respect to VA guaranteed loans only, that if Buyer's application for VA

PURCHASE AGREEMENT- ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D1-0735~460E-AASD-9468DF8AB343

@ RICHVIOND oI} HOMES guaranteed financing is rejected by the Lender, Buyer may terminate this Agreement and, notwithstanding any contrary provision in this Agreement, Buyer will receive a refund of the Deposit and Personalization Deposit.

6.5 Loan Commitment. Once the Loan Commitmentis issued, Buyer will be deemed to have accepted the Loan Commitment unless Buyer otherwise notifies Seller in writing within two days after issuance of the Loan Commitment. If Buyer gives Seller such notice within the two day period, then Seller may terminate this Agreement, or, in its sole discretion, extend the Loan Commitment Date in accordance with the preceding paragraph. Once Buyer accepts the Loan Commitment, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement and except with respect to VA guaranteed loans, and Buyer agrees to use best efforts to satisfy all Loan Commitment conditions.

lf Buyer has obtained a Loan Commitment but thereafter (a) Buyer's Loan Commitmentis terminated or rescinded and Buyer gives Seller immediate notice of such termination, and Buyer is unable to obtain and deliver a replacement loan commitment within such time as Seller may allow for such purpose, or (b) Lender for any reason declines to fund the Loan to Buyer, then Buyer shall be deemed ito be in default under this Agreement and Seller may immediately exercise all of its rights and remedies under this Agreement, including the right to retain the Deposit, the Personalization Deposit and all other amounts paid by Buyer to Seller. With respect to VA guaranteed loans only, Buyer will receive a refund of the Deposit and Personalization Deposit if Buyer's Loan Commitmentis terminated for any reason..

6.6 Sale or Lease of Buyer's Real Property. If Buyer obtains a Loan Commitment conditioned upon the sale or lease of Buyer's present home or other real property before the Loan will be funded, then this Agreement will automatically be deemed subject to the Existing Property Contingency Section of this Agreement.

6.7 Waiver of Financing Condition. Buyer may waive the Financing Condition at any time by written notice to Seller accompanied by evidence satisfactory to Seller that Buyer has, or prior to Closing will have, sufficient funds for Closing. If the Financing Condition is waived, the Deposit and the Personalization Deposit shall be non-refundable to Buyer except as may otherwise be expressly set forth in this Agreement.

6.8 Appraisal Requirements for FHA Insured Financing and VA Guaranteed Loans. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHAinsured financing, Buyer will not be obligated to complete the purchase of the Property or incur a loss of the Deposit if the Base Price of the Property, plus the portion of the Personalization that is to be included in the Loan, exceeds the Property's appraised value as described in a direct endorsement by the Federal Housing Commissioner or a certificate of reasonable value from the VA, as applicable. In such event, if Buyer is obtaining VA guaranteed financing and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit shall be refunded to Buyer. If Buyer is obtaining FHA insured financing, and fails to provide notice of Buyer's election to proceed or provides notice to Seller that Buyer does not desire to proceed with this Agreement, this Agreement shall terminate and the Deposit and the Personalization Deposit, except that portion attributable to Personalization selections already ordered by Seller, shall be refunded to Buyer. Buyer may elect to proceed with the purchase of the Property without regard to the Property's value established by FHA or VA by providing notice to Seller of Buyer's election to proceed within three days of Buyer's receipt of the direct endorsementor certificate of reasonable value, as applicable. The value established by FHA or VA determines the maximum loan amount FHA will insure or VA will guarantee. Buyer agrees that FHA and VA do not warrant the value, condition or workmanship of the Property, and that Buyer should satisfy itself that the price, condition and workmanship of the Property are acceptable.

7. EXISTING PROPERTY CONTINGENCY, The parties agree as indicated by the checked box below:

7.1 Designation of Contingency (check only one box):

_X. This Agreement is NOT subject to an Existing Property Contingency as defined below.

Buyeris required to sell or lease its existing property located at ("Existing Property") and the sale and closing or lease of the Existing Property is a contingency to Buyer's obligation to purchase the Property ("Existing Property Contingency’).

PURCHASE AGREEMENT - ARIZONA

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&)RICHVIOND NOAAMERICAN HOMES

lf the Existing Property Contingency is checked, Buyer agrees to either (A), (B), or (C) below (check only one box):

[_] (A) Buyerhas entered into a contract with a qualified purchaserto sell the Existing Property. Buyer will provide Seller a copy of its executed contract within three days of Buyer's execution of this Agreement.

a (B) Buyerhaslisted, or will list within seven days of Buyer's execution ofthis Agreement, the Existing Property with a qualified, licensed real estate broker/agent who is a member of the multiple listing service ("MLS") in the area of the Existing Property. Buyer agrees that the Existing Property will belisted in the MLS at a price that does not exceed the Appraised Value. The Appraised Value of the Existing Property will be determined by the appraisal obtained by Seller as set forth in the Fees Section of this Agreement. If the Appraised Value of the Existing Property is less than the currentlisted price of the Existing Property, Buyer shall cause the price of the Existing Property to be adjusted to the Appraised Value. Buyer shall provide Seller a copyof the Listing Agreement and evidence of the MLS listing within seven days of: (i) Buyer's execution of this Agreement, or(if) Buyer's execution of the Listing Agreement, whicheveris later.

EL] (C) Buyer is required to lease its Existing Property as a condition to Buyer's obligation to purchase the Property. Buyer has listed or advertised or, within thirty days following commencement of construction of the Home, will list or advertise its Existing Property for rental at a rate and in a manner acceptable to Seller, and Lender, if any. Buyer shail provide Seller evidenceofthelisting or advertisement within three days following Buyer’ s listing or advertisement of the Existing Property.

Buyerwill be in default if Buyer fails to comply with anyofits obligations provided in this Section, and the Default and Remedies provision of this Agreement shall control.

7.2 Existing Property Contingency Period. If this Agreement is subject to the Existing Property Contingency, the Existing Property Contingency must be satisfied or waived by Buyer on or before i) the commencementof the installation of drywall in the Home, or ii) sixty days from Buyer's execution of this Agreement, whichever occurs first ("Contingency Period”). During the Contingency Period, Seller may continue to offer the Property for sale to the general public on such terms and conditions as Seller may determine and the Property may besold to a non-contingent buyer at any time. If Seller notifies Buyer of an offer to purchase the Property during the Contingency Period, Buyer shall be required to execute an Addendum removing or waiving the Existing Property Contingency and demonstrating to Seller's satisfaction the ability to perform in accordance with the terms of this Agreement. If Buyer does not execute the Addendum within 24 hours following notice by Seller of the third-party offer, this Agreementshall automatically terminate. If the Existing Property Contingency has not been satisfied or waived on or before the expiration of the Contingency Period, Seller may terminate this Agreement. Upon termination pursuant to this Section, the Deposit and the Personalization Deposit shall be refunded to Buyer, except that portion attributable to Personalization selections already ordered by Seller.

7.3. Multiple Moves. If the Existing Property is sold or rented prior to Closing, Buyer may need to secure alternate housing and move multiple times. In no event will Seller be responsible for alternate housing, moving expensesor other costs incurred by Buyer.

8. HOMEOWNERSASSOCIATION. Seller will deliver to Buyer a copy of any declaration of covenants, conditions and restrictions, design guidelines, rules and regulations ("Covenants") affecting the Property and a copy of the Articles of Incorporation and Bylaws ("Articles and Bylaws") of all homeowners associations for the Subdivision, if any, before or at Closing, or as provided by law. Buyer agrees to complywith all of the terms, conditions, and obligations set forth in the Covenants and Articles and Bylaws, as they may be amendedfrom time totime, including the obligation to pay assessments, initial reserves, and working capital contributions. Some Covenants contain dispute resolution provisions requiring arbitration of disputes between homeowners and the builders of their homes. If the Covenants contain such dispute resolution provisions, and provided that the Covenants do not prohibit alternative dispute resolution procedures, Buyer and Seller agree to resolve disputes between them in accordance with the provisions of this Agreement and notthe dispute resolution provisions of the Covenants.

9, TITLE INSURANCE. Buyer and Seller agree the title insurance company and closing agent for the transaction ("Closing Agent") shall be as set forth in the Title Insurance and Closing

PURCHASE AGREEMENT ~ ARIZONA

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@ RICHVIOND ONT} HOMES Costs Addendum. On or before Closing, the designated title insurance companywill issue title insurance commitment to Buyer for review identifying recorded documents ("Title Commitment") which affect the title, ownership and use of the Property. The Closing Agent shall conduct the Closing in accordance with the Closing and escrow provisions of this Agreement and the Title Insurance and Closing Costs Addendum. Subsequent to Closing, Buyer shall receive a standard coverage title policy in a form promulgated by the American Land Title Association or California Land Title Association or such equivalent policy authorized by the state in which the Property is located ("Owner's Policy") insuring Buyer's ownership of the Property in the amountof the Total Purchase Price, subject to the exclusions and exceptions as referenced in the Title Commitment. The premium for the Owner's Policy shall be paid in accordance with the custom and practice in the applicable jurisdiction as provided in the Title Insurance and Closing Costs Addendum.

10. CONSTRUCTION.

10.4 Home Construction. Copies of the Plans approved by the applicable governing authority are available for inspection at Seller's office during normal business hours. Plans are copyrighted by and are the property of Seller, and copies will not be provided to Buyer.

Upon Buyer's request, and if available, Seller will provide any existing written report on the soil investigations, analyses and tests performed by an independentsoil engineerin the Subdivision in which the Property is located. Buyer accepts the soil conditions of the Property and foundation design and floor slabs and footings installed thereon without any expressed or implied warranties other than those contained in the Limited Warranty.

Buyer acknowledges that the Home, as selected by Buyer, may not fit within the Property boundaries in a manner that complies with the Covenants, or with governmental or quasi- governmental regulations. In such event, Buyer shail select alternate plans offered by Seller for the Lot or select an alternate lot if an alternate lot is available. If Buyer and Seller cannot agree on alternate plans, pricing, or other material matters related to the alternate selection, Buyer may terminate this Agreement, and the Deposit and the Personalization Deposit shall be refunded to Buyer.

Buyer agrees that the Home is not being built to the precise elevations, style, square footage, design or specifications of the Plans, or the specifications or design of any model homes or as shown in brochures, advertising and promotional media displayed by Seller which are for advertising and display purposes only. There are multiple methods available to calculate square footage and square footage estimates may vary based on the method. Any estimate by Seller of the square footage of the Property or the Home may not be exact andis not for Loan, valuation or other purposes.

Buyer agrees changes or substitutions in the construction of the Home may be made during construction as may be required by any governmental or quasi-governmental authorities or by the architectural committee of the homeowners association for the Subdivision, or as Seller may deem necessary, provided that in any such event, substitutions or changes are of comparable quality. Lot grades, lot areas, lot shape, building elevation and location, and the location of fences, utilities, walks, and driveways may be established and changedin Seller's sole discretion.

Seller is not acting as a contractor or agent for Buyer in the construction of the Home. Prior to Closing, Buyer shall have no right, title or interest in the Property, other than the right and obligation to purchase the Property in accordance with the terms of this Agreement. Seller may use one or more contractors, subcontractors and suppliers in the construction of the Home. These contractors are independent contractors of Seller, not agents of Seller. Buyer has no rights under any agreement between Seller and its contractors, subcontractors and suppliers.

10.2 Existing Natural Features. Seller reserves the right to remove any existing natural features, vegetation and trees on the Property as Seller in its sole discretion deems necessary to construct the Home. Seller shall not be responsible for any damage to existing natural features, trees or vegetation remaining following construction and makes no warranty or representation as to the survival of any existing trees or vegetation.

10.3 Surrounding Development. Buyer shall independently investigate the current and future uses of all property within, adjacent to, and nearby the Subdivision, and may not rely on any statements of Sales Associates, agents or brokers, or any brochures or displays in Seller's sales office about the use or character of any property. Buyer takes the Property subject to, and accepts the conditions of the property within, surrounding, adjacent to and nearby the Subdivision, and any state of facts which physical inspection of the Property and relevant public records would disclose, including withoutlimitation, public utility poles, railroad tracks, and electric powerlines. If Seller is a

PURCHASE AGREEMENT ~- ARIZONA

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@e RICHVIOND @ RICEM HOMES developer of the Subdivision, Seller reserves the right to develop the Subdivision according to Seller's plans, which may change from time to time. Seller has the right at any time, without notice, to elect in its sole discretion to (i) change the style, design, size, or price of homes that Seller maybuild, (ii) change the site features and amenities, site grades and drainage, (ili) cease construction and sale of homes within the Subdivision, or (iv) sell the land within the Subdivision. Seller may use any method of marketing to sell, lease or otherwise dispose of Seller's homes, including without limitation the use of incentives, concessions, price reductions, lot sales programs, bulk sales or other promotions and techniques.

11. INSULATION. Insulation is any material primarily used to slow down heat flow and may be mineral or organic, fibrous, cellular, reflective, synthetic or of other makeup. It may bein rigid, semi-rigid, flexible, loose or self-supported forms. Insulation for purposes of 16 CFR §460.16 does not include pipe insulation or any kind of duct insulation except for duct wrap. R-value means the resistance of insulation to heat flow; the higher the R-value, the greater the insulating power. The thickness of any insulation for any product rating or R-value is provided by the applicable insulation manufacturer and may vary from manufacturer to manufacturer and may vary depending on the type ofinsulation or the method of placement, but the product rating or R- value will be equivalent.

The Insulation Disclosure Addendum provided by Seller identifies the type, thickness and R-value of insulation installed or to be installed in the Home as required by 16 CFR §460.16. Where there is more than one value for each componentor location listed in any insulation Disclosure, the R-value listed will be the predominant value or the value covering the largest area. If any insulation for any componentor in any location has a type, R-value or thickness different from thatlisted in an Insulation Disclosure the Home shall be considered compliant if the total thermal performance of all components and locations provided is equivalent to or exceeds the total thermal performanceof all components and locations identified in the Insulation Disclosure.

Seller has not made its own independent determination of the R-value of any insulation and relies solely upon the R-value data provided to it by the applicable insulation manufacturer and/or installer. Seller reserves the right to substitute a different type of insulation, insulation of a different thickness and/or insulation with a different R-value for any componentor at any location in the Home from that identified in the Insulation Disclosure, and Seller will provide Buyer with an updated insulation disclosure setting forth the type, thickness, and R-value of the substitute insulation that has been or will be installed for any componentor location in the Home as soon as reasonably practical after the information is made available to Seller ("Amended Insulation Disclosure"). The Amended Insulation Disclosure may be in the form of a certificate posted in the Home. Seller may offer different or additional insulation as an On-Site Option or a Home Gallery Selection. If Buyer selects additional or different insulation it may vary from the insulation type, R-value or thickness identified in the Insulation Disclosure, but will later be set forth in an Amended Insulation Disclosure.

12, COMMENCEMENT AND COMPLETION OF CONSTRUCTION.

12.1 Commencement. Seller retains sole discretion as to the time for the commencement and continuation of construction on the Property, but, subject to Delays (defined below), Seller is obligated to Complete the Home within two years from the date that Buyer executes this Agreement and delivers the executed Agreement to Seller (‘Home Completion Deadline"). Seller intends its obligation to complete construction of the Home to comply with the requirements for an exemption set forth in 15 USC §1702(a)(2) of the Interstate Land Sales Full Disclosure Act ("ILSA Exemption"). Seller may choose not to commence or continue construction on the Property until Buyer has obtained a Loan Commitment or until Buyer has finalized its Personalization, provided Seller meets the Home Completion Deadline.

12.2 Delays. If Seller is unable to complete construction of the Home by the Home Completion Deadline, Seller shall have such additional time for completion of construction as Seller has been delayed because of acts of God, impossibility for reasons outside of Seller's control, war, civil disorder, acts of terrorism, the failure of Buyer to make timely decisions relating to construction of the Home required by this Agreement and other causes of a similar nature relating to construction of the Home that are outside Seller's control (“Delays”) if such causes are recognized as legitimate defenses to contractual obligations ("Contractual Defenses") under the laws of the state and federal jurisdiction where the Property is located and do not render the obligations of Seller illusory. If there is an ambiguity regarding whether or not there are Delays, the ambiguity shall be viewedin a light most favorable to Buyer and imposing an obligation on Seller, it being the intention of Seller and Buyer that the provisions of this Agreement shall be construed in a manner consistent with this Agreementsatisfying the ILSA Exemption. Delays are not a default by Seller under this Agreement, and Seller shall not be liable to Buyer in any respect for any damages, losses, liability, claims, costs, or fees, including without limitation attorneys’ fees, arising out of or relating to any Delays.

PURCHASE AGREEMENT~ ARIZONA,

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i)RICHVIOND \O4AMERICAN HOMES

412.3 Completion. The date on which final certificate of occupancy, a temporary certificate of occupancy, or a final inspection and approval for occupancy is issued by the appropriate governing authority ("Certificate of Occupancy") allowing the Home to be lawiully occupied, shall be deemed the date on which Seller has completed construction for purposes of this Agreement ("Complete or "Completion"). Buyer acknowledges that, except for the Home Completion Deadline, Seller makes no representation or warranty as to the actual date for Completion and any arrangements made by Buyer for move-in or occupancy of the Home shall be at the sole risk of Buyer.

12.4 Inability to ConveyTitle. If Seller is unable to convey title, the Closing Date shall be extended up to forty-five days. When Seller is able to convey the title, Seller shail notify Buyer and the parties shall proceed to Closing within five days after such notice is provided to Buyer. If Seller does not obtain the title, Buyer may terminate this Agreement by giving written notice to Seller. Upon such termination, if Buyer is not in default, the Deposit and the Personalization Deposit shall be refunded to Buyer and Seller shall be released from all liability for any damages by reason ofits failure to close.

43. BUYER'S ACTIONS BEFORE CLOSING; DAMAGES OR INJURY. Buyer shall be accompanied by an authorized representative of Seller when entering the Property. Buyer assumes all risks and waives all claims against Seller for injury or loss resulting from or in connection with any inspection or entry on the Property by Buyer, Buyer's agents, or Buyer's invitees, and Seller shall not be responsible or liable in any way for any damage or injury to person or property resulting from such inspection or entry. Buyer shall indemnify, defend and hold Seller harmless from and against anyliability or loss arising out of or in connection with any such entry. Prior to Closing, Buyer shall not perform any work on or supply any materials to the Property. Buyer shall not issue any instruction to or otherwise interfere with Seller's contractors, subcontractors, or suppliers. Buyer shall not occupy the Property, or deliver any personal possessionsincluding furnishings to the Property prior to Closing.

14. RISK OF LOSS.Seller shall bear the risk of loss, injury or damage to the Property caused by fire or other casualty prior to Closing, except for damage doneor caused by Buyer, Buyer's agents, or Buyer's invitees (other than the authorized representatives of Seller), or any individual entering the Property at Buyer's direction, for which Buyer shail be solely responsible. All risk of loss shall pass to Buyerat Closing.

15, NOTICE OF COMPLETION AND GUIDED TOUR ORIENTATION.

45.1. Guided Tour Orientation. Seller shall notify Buyer of Completion of the Home ("Notice of Completion") and schedule a time and date for Buyer and Seller to perform a walk-through inspection of the Property and for Buyer's homeowner orientation ("Guided Tour Orientation”). The purposes of the Guided Tour Orientation are to demonstrate the Home and identify items that are to be addressed. The Guided Tour Orientation is to be performed by Buyer and Seller. An inspection by a third-party, such as a home inspector engaged by Buyer to inspect the Property, may be performed in accordance with the Third-Party Inspection Section of this Agreement.

15.2 Guided Tour Item List. At the Guided Tour Orientation, Buyer and Seller will agree upon those items that need to be completed or corrected because they are not in substantial accordance with the requirements of this Agreement and the expressed standards of the Limited Warranty ("Guided Tour Item List"). Seller shall have no obligation to make repairs or corrections not otherwise required by this Agreement or the Limited Warranty. Execution of the Guided Tour Item List by Buyer shall evidence Buyer's acceptance of the Home subject to the Guided Tour Item List and the Limited Warranty. The existence of Guided Tour Item List items or other non-structural construction imperfections shall not render the Home incomplete, or entitle Buyerto terminate this Agreement, withhold or escrow funds at Closing, or delay the Closing, as long as a Certificate of Occupancy has been issued for the Property. The items in the Guided Tour Item List will be completed or corrected prior to or within a reasonable time after Closing. Following two days’ advance notice from Seller, Buyer will provide Seller with access to the Home after Closing during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p. m.) for purposes of completing the Guided Tour Item List and Limited Warranty items. If the Home is Complete and Buyer does not agreeto the itemsto be included in the Guided Tour Item List, Seller, in its sole discretion, may by written notice to Buyer terminate this Agreement or may postpone Closing and seek to resolve the dispute through the mediation and arbitration provisions of this Agreement. If Seller terminates the Agreement underthis Section, the Deposit and the Personalization Deposit shall be retained by Seller as Liquidated Damages, and both parties shall be relieved of further obligations under this Agreement. !f Buyer fails to attend the

PURCHASE AGREEMENT- ARIZONA

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@ RICHVIOND RICEHM HOMES Guided Tour Orientation, then Buyer shall be deemed to have accepted the Property in its "as is" condition at Closing, subject only to the Limited Warranty.

15.3. Post Closing Escrow. If applicable law or Lender requires an escrow for the completion of the outstanding items in the Guided Tour Item List, then Seller may (i) elect to postpone Closing until such items have been corrected, or (ii) create an escrow with the Lender, title insurance company or Closing Agent, and deposit the amount determined by Seller or Lender to represent the reasonable cost, or, if required by applicable law, the fair market value of completing the outstanding items. Lender's election to require an escrow will not modify or alter the definition of Completion as provided in this Agreement.

16. THIRD-PARTY INSPECTION. If Buyer desires to have a third-party inspect the Property before Closing, Buyer shail give Seller the completed "Request for Entry” provided by Seller. Any such inspection shall be scheduled by Seller. Seller may require the third-party to sign an entry permit provided by Seller before entering the Property. Seller's consent to such an inspection may be conditioned upon receipt of evidence that the third-party has licenses and insurance coverage acceptable to Seller. Buyer will provide Seller with a full, correct copy ofall reports prepared by the inspector. Buyer agrees that any such inspection is solely for Buyer's own information and that, except as may be required by applicable law, Seller will not be obligated to correct any conditions noted by any third-party requested or directed by Buyer to inspect the Property. The only corrections that will be made will be those listed in the Guided Tour Item List and as required pursuant to the Limited Warranty.

17. BUYER REPRESENTATIONS.

17.1 Occupancy. Buyer represents that it is not purchasing the Home as an investment property and agrees to occupy the Home as Buyer's principal residence or as a second home.

17.2 OFAC. Buyer represents and warrants, under penalty of law, that neither Buyer nor any personsor entities holding any legal or beneficial interest whatsoever in Buyer in the event Buyer is not an individual ("Buyer Parties") are (i) the target of any sanctions program established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury ("OFAC"); (ii) designated by the President pursuant to the Trading with the EnemyAct, 50 U.S.C. 4301, et seq., the International Emergency Economic Powers Act, U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56, or Executive Order 13224 (September 23, 2001); or (iii) named in the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons" ("SDN List"), Upon execution of this Agreement, Buyer gives Seller and its representatives permission to search the SDN List for inclusion of the name of Buyer and Buyer Parties. Additional personal information may be required in order to accurately determine if Buyer or Buyer Parties are the names included on the SDN List and Buyer agrees to provide such additional information. In the event the name of Buyer or Buyer Parties is included on the SDN List, Buyer shall be in default and Seller may terminate this Agreementin accordance with the terms of Section 24.1.1.1 below.

18. CLOSING.

18.1 Closing Date. When determined, Seller will give Buyer notice ("Closing Notice") of the date, and, if applicable, hour and place of Closing at which Seiler will deliver title and possession of the Property ("Closing Date"). Buyer shall take all necessary steps to be prepared for Closing on the Closing Date. "Closing" is defined as delivery oftitle to the Property to Buyer and disbursement of the Total Purchase Price to Seller, subject to closing costs and adjustments. Buyer agrees that until the Closing Notice is provided, any dates discussed for Closing are estimates subject to change and mayvary widely.

18.2 Tax Protests. Seller reserves the right, in its sole discretion, to seek tax reductions for the Property for any period prior to the Closing Date, and Buyer shall not be entitled to any refunds resulting from Seller's actions. Buyer assigns to Seller any andall right, title or interest Buyer may havein and fo all tax and assessment protest actions and claims to seek tax reductions for the Property, and rights to prosecute same, for any period prior to the Closing Date, and all of Buyer's right,title and interest, if any, in and to all tax and assessment refunds or rebates now or hereafter payable for any period prior to the Closing Date. Buyer, at no costtoitself, agrees to cooperate with Seller by executing all documents requested by Seller or the appropriate governing authority to facilitate Seller's prosecution of tax and assessment protest actions and claims.

18.3 Late Closing Charge. If Buyer fails to close on the Closing Date, Seller may, in its sole discretion, charge Buyer a late charge equal to one and one half percent (1.5%) of the Total

PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 -15:40 PM DocuSign Envelope ID: 892E33D1-0735-460E-AA5D-9468DF8AB343

€® RICHVIOND @RICTM HOMES Purchase Price for each month, prorated per day after the Closing Date until the date Closing has been completed ("Late Closing Charge"). Seller's decision to charge a Late Closing Charge shall not be construed as a waiver by Seller of any other remedies Seller may have underthis Agreement. Buyer agrees to pay the Late Closing Charge at Closing.

19. CONVEYANCE. Subject to paymentof the Total Purchase Price and compliance with the other terms and conditions of this Agreement by Buyer for the Closing, Seller shall convey or cause the conveyanceof fee simple title to the Property, free and clear of all monetary liens evidencing debt of the Seller and encumbrances, except those matters listed on Schedule B of the title commitment provided to Buyer, and the following: (i) general taxes, assessments and fees for the fiscal year of Closing and all subsequent years’ taxes, assessments, and fees; (ii) easements and rights of way (actual and recorded); (iii) covenants, conditions, reservations and restrictions of record; (iv) any state of facts which an accurate survey or current physical inspection of the Property would disclose; (v) inclusion in a special improvementdistrict, fire protection district, recreation and park district, water and sanitation district or other applicable district in a municipality providing these or other services; and (vi) any items recorded at the Closing. The surface estate of the Property may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties or Seller may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to timely consult legal counsel with respectto all such matters. Possession of the Property, including possession of the keys, shall remain exclusively in Seller until the Total Purchase Price has been paid and Closing has been completed.

20. POST CLOSING.

20.1 Utilities. Within three days after the Closing, Buyer agrees to contactall utility providers for the Property and arrange for service to be changedfrom Seller's name. Seller shall pay utility service costs to the Closing Date and Buyer shall pay the costfor all utilities to the Property on and after the Closing Date, including penalties and delinquencies related to Buyer's failure to timely change service from Seller's name. If Buyer fails to timely change the responsible party, Seller may contacttheutility provider to have the utilities changed to Buyer's nameor,if a utility provider is unwilling to do so without Buyer's consent and Buyer refuses to provide such consent, to have the applicable utility service disconnected. Buyer acknowledgesthat there may be delays in obtaining certain services or certain services may not be available to the Property, such as telephone, cable TV, and/orinternet services.

20.2 Landscaping, Drainage and Grading. Except as otherwise provided in this Agreement Buyer is responsible for installation of landscaping on the Property. Whether or -not Seller installs landscaping, Buyer should review, and is solely responsible for, the homeowners association Covenants for landscaping time requirements and design criteria ("Landscaping Requirements"). Landscaping installed by Seller may not satisfy the Landscaping Requirements. Seller has graded or will grade the lot to drain in general accordance with the grading and drainage plans approved by the applicable governing authority or as depicted in the grading and drainage certificate for the Property. Any change in the surface grades, drainage or surface materials on any portion of the Property, including withoutlimitation the addition of hardscape surfaces or landscaping, or installation of pools or spas can alter surface drainage or groundwater patterns and mayresult in, at any locations on or below the Property, flooding or ponding, perched, elevated or changed water table, or increased soils moisture. Changes in grading and drainage may adversely affect subsurface or surface conditions and may result in loss or damage to the Property or the property of others and may adversely affect Buyer's coverage under the Limited Warranty. Buyer is advised to retain appropriate professionals to assist with design and installation of landscaping and other improvements. After Closing, Buyer agrees to comply with all homeowners association Covenants and governmental laws, rules and regulations regarding landscaping and stormwater management. Buyer agrees to maintain existing grading and drainage and existing stormwater and erosion control devices on the Property in good condition. Buyer assumesall risks associated with changesto the grading or drainage and for landscaping or improvements that Buyer makesto the Property.

20.3 Utility Locations, Fencing and Future Construction. Buyer agrees that(i) the location of utility lines and improvements, such as junction boxes, transformers or pedestals, may vary from the Subdivision plans; (ii) the location of postal boxes may be determined by the US Post Office and may not be subject to change; (iii) fences may encroach on either side of actual Property lines; (iv) fencing may be owned or maintained bythird parties; (v) fences or walls constructed on the Property may be for privacy or landscaping only and not for structural purposes; and (vi) the character and the use of the property surrounding and in the vicinity of the Subdivision may change. Seller will have noliability for the consequencesif Buyer attempts to use any fenceor wall

PURCHASE AGREEMENT - ARIZONA

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@ RICHVIOND WIN) HOMES

for any purpose notintended by Seller.

20.4 Community Improvements. At the time of Closing, other homes, improvements and streets in the community may not be complete. Buyer can expect certain inconveniences such as construction traffic, noise, dust, debris and congestion until the community is completed. Buyer releases Seller from all responsibility, obligation or liability for the occurrence of such inconveniences. For so long as property is being developed within the community in which the Property is located, Seller may grant and convey easements and rights of way as required by any developers, governmental authorities, utility providers or homeowners associations, or as Seller in its sole discretion deems necessary for the efficient and orderly development of the community. Buyer agrees to execute easements and rights-of-way affecting the Property as may be so required without compensation in connection with the development of the community. Seller and its subcontractors, consultants and suppliers shall have the right to enter the Property in connection with construction of improvements on any adjacent property as may be necessary or desirable in Seller's sole discretion. Seller will restore the Property to its original condition immediately prior to entry if Seller's entry results in damage to the Property. The provisions of this Section shall survive conveyanceoftitle to the Property by Buyer.

21. ENVIRONMENTAL

21.1 Radon. See attached Radon Program Addendum.

21.2 Indoor Environmental Quality. See attached Indoor Environmental Quality Disclosure Addendum.

21.3. Mold. See attached Mold Disclosure Addendum.

21.4 Limitation of Liability. Seller makes no representations or warranties, expressed or implied, about the existing or future environmental conditions of the Property. Seller expressly disclaimsliability for and Buyer expressly waivesall claims for property and/or personal injury or other economic loss resulting from environmental conditions, including without limitation radon, mold, fungus, asbestos, formaldehyde and indoor air quality.

22. ENERGY FEATURES. Thedisclosures provided in the attached Energy Wise Program Home Disclosure Addendum or the attached Energy Star Qualified Home Disclosures Addendum, as applicable, are incorporated into this Agreement.

23. REPRESENTATIONS AND WARRANTY.

23.1 Limited Warranty. Seller has constructed or will construct the Home in substantial conformance with the expressed standards of the Residential Warranty Corporation or other comparable warranty company selected by Seller ("Warranty Provider"). At or promptly after Closing, Seller will enroll the Home in a warranty program selected by Seller and offered by the Warranty Provider ("Limited Warranty") and will pay all requisite fees and premiums for enrollment. Buyer will be responsible for all deductibles and fees payable after Closing under the terms of the Limited Warranty. Buyer acknowledges receipt of a specimen copy of the Limited Warranty specifying the terms, conditions, exclusions, limitations and scope of the Limited Warranty to be provided to Buyer and the procedures for asserting a claim under the Limited Warranty. Seller shall have no responsibility to enforce performance by the Warranty Provider and shall have no liability with respect to the Warranty Provider's non-performance. Buyer agrees to sign at Closing any documents that are required for the issuance of the Limited Warranty.

23.2 Except for the representations and warranties expressly set forth in this Agreement and the Limited Warranty, and except as expressly required by applicable law, Seller is not providing any other warranties or guarantees, whether expressed or implied, including withoutlimitation any warranties of merchantability, habitability or fitness for a particular purpose, serviceability or useful life.

23.3. Buyer Responsibility. The Limited Warranty may not provide coverage for, Buyer shall be solely responsible for, and Seller shall have no liability for, damages from the negligent, inadequate or improper care or maintenance, or careless acts of Buyer or its assigns, or damages caused by overwatering or alterations made to the Property by Buyer.

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@5 RICHVIOND oI} HOMES 23.4 Consumer Products. With respect to all fixtures, appliances, and equipment installed in the Home, Seller shall assign to Buyer at Closing any applicable manufacturer's or supplier's warranties to the extent they may be assigned by Seller. Neither Seller nor Warranty Provider independently warrant any such items or any other personal property installed or located at the Property.

23.5 VA and FHA Warranty. Notwithstanding any contrary provision in this Agreement, if Buyer is obtaining VA guaranteed or FHA insured financing, Seller agrees to provide the standard VA or FHA "Warranty of Completion of Construction” to Buyer.

24, DEFAULT AND REMEDIES.

24.1 By Buyer.

24.1.1 Buyer will be in default under this Agreement if Buyer: (i) advises Seller in writing or orally that Buyer does notintend to or will not fully perform anyofits obligations under this Agreement; (li) fails to fully perform any provision of this Agreement; (iii) breaches any representations or warranties in this Agreement; or(iv) fails to close. If Buyer is in default prior to Closing, Seller may:

24.1.1.1 Terminate this Agreement, in which case the Deposit, the Personalization Deposit, and all other amounts paid by Buyer to Seller shall be paid to Seller as a reasonable estimate of Seller's damages and not as a penalty ("Liquidated Damages"). The amountof Liquidated Damagesis intended as a reasonable estimation of Seller's actual damages resulting from a breach by Buyer due to the difficulty and uncertainty in ascertaining, as of the date of this Agreement, the actual damages Seller may suffer from such a breach, which damageswill include, without limitation, the cost of administering this Agreement and the cost to take the Home off the market while this Agreement remains in effect. Except as otherwise required by the laws, rules and regulations of the state in which the Property is located (see attached Default and Remedies Addendum, if applicable), if any portion of the Deposit or Personalization Deposit are held in escrow, Closing Agent shall, immediately upon receipt of notice from Seller of Buyer's default and without any further consent required from Buyer, deliver all amounts held in escrow to Seller; or

24,.1.1.2 Extend the Closing for a specified period and, unless late fees are prohibited due to VA guaranteed or FHAinsured financing, Buyer shall pay to Seller at Closing, in addition to and not in lieu of all other amounts due from Buyer under this Agreement, a Late Closing Charge as described in the Closing Section. If Seller agrees to extend the Closing Date, Seller has no obligation to continue to extend the Closing Date, and may terminate this Agreement in accordance with the subsection immediately above upon the expiration of any extended Closing Date.

24.1.2 If Buyer is in default after Closing Seller shalt have all remedies at law or in equity.

24.2 By Seller.

24.2.1 If, prior to Closing, Seller fails to comply substantially with the terms and conditions of this Agreement, and if Buyer has complied with all of Buyer's obligations hereunder, Buyer may deliver to Seller a written notice detailing the default of Seller. Seller shall have twenty days from the receipt of such notice to cure the default, except that if the required performance cannot reasonably be completed by Seller within twenty days, then Seller shall have a reasonable time to cure the default and the Closing Date shall be extended for such period of time. No notice or cure period shall be required if Seller has failed to complete the Home by the Home Completion Deadline. If Seller has not cured the default within the time frame provided above, unless the laws, rules and regulations of the state in which the Property is located define Buyer's remedies (see attached Default and Remedies Addendum, if applicable), Buyer's sole remedy for Seller's default, prior to Closing, shall be to terminate this Agreement, in which event the Deposit and the Personalization Deposit shall be refunded to Buyer. Following termination by Buyer and the refund by Seller of the Deposit and Personalization Deposit, each party shall be relieved of any further obligations or liabilities under this Agreement.

Notwithstanding the foregoing, if Seller fails to Complete the Home by the Home Completion Deadline, provided Buyer is not then in default as to any of Buyer's obligations under this Agreement, Buyer shall have all remedies at law or in equity as a result of such failure of Completion.

PURCHASE AGREEMENT- ARIZONA

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@ RICHVIOND CRIN INA HOMES It is the parties’ expressedintent that the parties’ rights and obligations under this Agreement be construed in the manner necessary to exempt and exclude this Agreement and the sale of the Property from registration underthe Interstate Land Sales Full Disclosure Act, and both parties expressly waive any right or provision of this Agreement that would otherwise preclude such exemption or exception.

24.2.2 If, after Closing, Seller fails to comply substantially with the terms and conditions of this Agreement, and if Buyer has complied with all of Buyer's obligations hereunder, Buyer may deliver to Seller a written notice detailing the default of Seller. Seller shall have twenty days from the receipt of such notice to cure the default, except that if the required performance cannot reasonably be completed by Seller within twenty days, then Seller shall have a reasonable time to cure the default.

24.3 Limitation of Seller's Liability. Unless Seller fails to Complete the Home by the Home Completion Deadline, to the fullest extent permitted by applicable law, Buyer expressly waives any right to collect from Seller compensatory, special, indirect, consequential, incidental, punitive or speculative damages, including withoutlimitation any damages based on a claimed diminution in the value of the Home or loss of benefit of the bargain. To the fullest extent permitted by applicable law, no action, regardless of form, including arbitration, arising under this Agreement may be brought by Buyer more than one year after the cause of action accrues.

25. NOTICE. Any notice required to be givenin writing under this Agreement or any demands by any party shall be delivered or be sent to the address provided on the first page of this Agreement by: (i) United States Postal Service, postage prepaid, certified mail, return receipt requested, (ii) nationally known overnight delivery service, (iii) commercial delivery service. Unless otherwise stated in this Agreement, all written notices shall be deerned to have been given and received upon delivery to the appropriate address as evidenced by the executed return receipt of the U.S. Postal Service, or by the records of the delivery service or overnight courier attempting such delivery. Any nameor address for notice may be changed by notice given to the other party in accordance with this Section. The inability to deliver a notice because of a changed address of which no notice was given, orthe rejection or otherrefusal to accept any notice, shall be deemed to be the receiptof the notice as of the date of suchinability to deliver or rejection or refusal to accept.

26. PRIVACY POLICY. Buyer acknowledgesreceipt of Seller's Privacy Policy Brochure.

27. MISCELLANEOUS.

27.1 Seller's Sales Associates do not represent Buyer as Buyer's agent in this transaction, are not authorized representatives of Seller for purposes of this Agreement, and may or may not be licensed real estate professionals as required by the laws of the state in which the Property is located.

27.2 The captions used in this Agreement are for reference only and have no effect on this Agreement or the terms and conditions contained in this Agreement. As used in this Agreement the singular shall include the plural and the masculine shall include the feminine and neuter genders as appropriate. :

27.3 All referencesin this Agreement to "days" are to calendar days unless otherwiseindicated.

27.4 Buyer shall not record this Agreement. Any recordation of this Agreement shall be a default under this Agreement, and at Seller's option in Seller's sole discretion, shall render this Agreementvoid.

27.5 Time is of the essence, and accordingly each payment, condition or covenant must be made, performed or satisfied when required in this Agreement.

27.6 No Sales Associate, broker, agent, subcontractor, supplier or employee of Seller has the authority to make any oral representation or agreement upon which Buyer mayrely to terminate, change or modify any portion of this Agreement. This Agreement may only be amended or modified by a written instrument executed by Buyer and an authorized representative of Seller. Email messages between the parties or their agents or representatives shall not amend, modify or otherwise alter this Agreement. No waiver underthis Agreementshall be effective unless in writing signed by the party against whom enforcement of the waiver is sought, and if this party is the Seller, by an authorized representative of Seller. The written waiver of any breach of any provision of this Agreement shall not constitute a waiver of a future breach of any provision of this

PURCHASE AGREEMENT- ARIZONA

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@® RICHVIOND @&)RICTM HOMES Agreement. No agreement, statement, warranty, guaranty, representation or promise made by any person which is not contained in this Agreement shall be valid or binding on Seller, even if made by a representative of Seller.

27.7 This Agreement shall be governed by and construed in accordance with the laws of the State in which the Property is located.

27.8 This Agreement shall be construed in accordance with its plain meaning and the provisions of this Agreement shall not be strictly construed for or against any of the parties to this Agreement.

27.9 This Agreementis personal to Buyer and shall not be assigned by Buyer without the prior written consent of Seller, which consent may be withheld by Seller in Seller's sole discretion. If Seller consents to an assignment, Buyer, Seller and assignee shall execute an assignment in a form acceptable to Seller binding the assigneeto all terms and conditions of this Agreement and assigning all Deposits and Personalization Deposits to assignee. Any purported assignment of this Agreement by Buyer without Seller's written consent shall be a default under this Agreement, and at Seller's option, in Seller's sole discretion, shall render this Agreement and/or the assignmentvoid. If any person whois not a party to this Agreement accepistitle to the Property at Closing, such person shall be deemed bound by all the terms and conditions of this Agreement.

27.10 If any provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall be unaffected and shall be valid and enforceable to the fullest extent permitted by applicable law.

27.11 If Buyer consists of more than one person or entity, then all such persons and entities shall be jointly and severally liable for the performanceofall obligations of Buyer hereunder.

27.12 The indemnities, waivers and remedies contained in this Agreement shall survive the Closing or the expiration or termination of this Agreement.

27.13 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same Agreement.

27.14 This Agreementis a legally binding contract. If not fully understood, please seek competent legal advice.

28. STATE SPECIFIC SECTION - ARIZONA,

28.1 Construction of Improvements by Builder. Seller has entered into a separate agreement with its affiliated company, Richmond American Construction, Inc. ("Builder") whereby Builder has agreed to construct the Home on the Property on behalf of and for the account of Seller. The construction contract between Seller and Builder is separate and distinct from this Agreement and Buyer shail have no rights or obligations under such construction contract and is not a third party or other beneficiary thereunder. Buyer is purchasing the Property from Seller. Buyer's only obligations, rights and remedies exist under this Agreement with respect to Seller. Builder is obligated to Seller to construct the Home in compliance with applicable requirements of FHA and VA governmental regulations. Builder shall construct the Home in substantial conformance with the requirements of the Arizona Registrar of Contractors, and this Agreement.

28.2 Community Notification Laws (A.R.S. § 13-3825). The Community Notification of Sex Offenders Law directs the local law enforcement agency for a community to notify the community of release or relocation of a registered sex offender to the community according to guidelines established by the community notification guidelines committee. Buyer should check with the information officer of the local law enforcement agency, or, if none, the local sheriff for any notices issued under this law, or may search the registered sex offender database on www.azsexoffender. org, a website maintained pursuant to A.R.S. § 13-3827.

28.3 Post-Tension Slab Construction. Post-tensioned slab construction is intended to respond to movement of underlying soils and to reduce concrete cracking, and movement of the post- tensioned slab and concrete cracking should be expected. Non-structural damage for which no warranty is provided may occur as a result of the movement or cracking. Additionally, steel cable reinforcing incorporated into the post-tensioned slab construction is under tension and mayfail or snap. Alternative foundation construction methods exist which may have benefits that post- tensioned slab construction may not offer. These alternative methods of foundation construction are not available in this Home. Seller expressly disclaims liability for and Buyer expressly waives all claims, other than those contained in the Limited Warranty, concerning the use of post-tensioned

PURCHASE AGREEMENT - ARIZONA

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& N RICHVIOND OAAMERICAN HOMES slab construction.

28.4 Special Warranty Deed. Fee simple title to the Property will be conveyed by special warranty deed.

29. ADDENDA. The following checked Addenda are attached hereto and incorporated in this Agreementbythis reference and made a part of this Agreement. By signing this Agreement Buyer acknowledgesreceiving a copy of each of the documents and disclosures checked below. ADDENDA(Buyer Signature Required):

Xx SyatedBusiness ArrangementDisclosure Xx Alternative Dispute Resclution

x Job Initiation Order or Change Order Alternative Financing

Hung Sewer Cash Purchase Promotion Addendum

Pool Home Review Contingency

Well and/or Septic System Maintenance Model Home

Miscellaneous Addendum Propane

Lot Ownership Disclosure xX Brokerage Commission Agreement

State Specific Addenda- Arizona: (Buyer Signature Required) x Deposit Disclosure x Title Insurance and Closing Costs Affirmation or Cancellation of Purchase Amended Public Report Receipt Agreement Conditional Sale Promotion x Public Report Receipt Rounty.Community or Subdivision Specific

Acknowledgment/Acceptance of Declaration of x Contractor Notice x Covenants, Conditions, Restrictions

ADDENDA(Buyer Signature Not Required): Energy Star Qualified Home Disclosures »4 RESNETDisclosure (not system generated)

x Energy Wise Program Home Disclosure xX insulation Disclosure (not system generated)

x indoor Environmental Quality Disclosure Xx Privacy Policy Brochure

x Mold Disclosure x Warranty Specimen (not system generated)

Xx Radon Program Proximity to Airport

Select one ofthe following (only required in California, Colorado and Washington): Disclosure Post-Tensioned Slab on Ground Disclosure Slab-on-Ground/Crawl Space (CO only) (CA & CO only) Disclosure Structural Floor/Subfloor Crawl Space , (WA only) Disclosure Slab on Ground (CA only) Disclosure Structural Floor/Subfloor Crawl Space (CO only)

30. RECEIPT. This Agreement constitutes an offer by Buyer to buy and shall not be binding upon Selleruntil ratified by Seller's authorized representative by signature below. The signature of the Sales Associate is solely to acknowledge the receipt of this Agreement, the Deposit, and the Personalization Deposit, if applicable, from Buyer, and does not constitute Seller's acceptance of this Agreement.

31. ENTIRE AGREEMENT. This Agreement and the addenda identified in the Addenda Section above constitute the entire Agreement between Buyer and Seller. To induce Seller to accept this Agreement, Buyer acknowledges that: (i) there are no understandings, representations, warranties or promises of any kind that have been made to induce the execution of this Agreement, except as set forth in writing in this Agreement; (ii) this Agreement sets forth in full the entire Agreement between the parties; and (iif) Buyer has not relied on any oral agreement, statement, representation, or other promise that is not expressed in writing in this Agreement. This Agreement supersedes anyand ail prior understandings and agreements.

PURCHASE AGREEMENT - ARIZONA,

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IN ACCORDANCE WITH ARIZONA ADMINISTRATIVE CODE (R4-28-803A): THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE PUBLIC REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT.

BUYER(S): Offer received: DocuSigned by: DoeuSigned by:

fra. Marise November 22, 2 2a Tapia. November 19, 2021 HaWorieet Date ‘Representane Date Sales Associate License Number(if applicable):

Date Acceptance:

Date Seller accepts the above offer to purchase and the effective date of this Agreement ("Agreement Date") is November 24 20 24

Seller:

Richmond American Homesof Arizona, Inc., a Delaware Col torpigned by: Attachments: Staci Loursty

Y ASTRRTEPEEGccontative @ Name: Staci Foerster

(SS 24, 2021 Se 11/24/2021 PORebTBSEAS4... Date

This Agreementis executed by Richmond American Construction, Inc. ("Builder") {ROC206612) for the purpose of Builder’s acknowledgement of and agreementto the Alternative Dispute Resolution provisions of this Agreement. Richmond American Construction, Inc.

By: Closing Manager

Name: staci Foerster Date: 11-24-21

PURCHASE AGREEMENT - ARIZONA Revised - 10/27/2017 11/19/2021 ~15:40 PM. DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343

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INDEX OF DEFINITIONS

Agreement Paragraph 1 AHI Section 6 AHT Section 6 Amended Insulation Disclosure Section 11 Appraisal Fee Section 4 Appraised Value Section 4 Articles and Bylaws Section 8 BasePrice Section 2 Buyer Paragraph 1 Certificate of Occupancy Section 12 Change Order Section 2 Closing Section 18 Closing Agent Section 9 Closing Date Section 18 Closing Notice Section 18 Complete and Completion Section 12 Contingency Period Section 12 Contractual Defenses Section 12 Covenants Section 8 Defaults and Remedies Section 24 Delays Section 12 Deposit Section 3 Existing Property Section 7 Existing Property Contingency Section 7 FHA Section 5 Final Purchase Price Acknowledgment Section 2 Financing Condition Section 6 Guided Tour Orientation Section 15 Guided Tour Item List Section 15 Home Section 1 HomeAmerican Section 6 Home Completion Deadline Section 12 Home Gallery Selections Section 5 ILSA Exemption : Section 12 Job Initiation Order Section 2 Landscaping Requirements Section 20 Late Closing Charge Section 18 Lender Section 6 Limited Warranty Section 23 Liquidated Damages Section 24 Loan Section 6 Loan Commitment Section 6 Loan Commitment Date Section 6 Lot Premium Section 2 MLS Section 7 Notice of Completion Section 15 On-Site Options Section 5 Owner's Policy Section 9 Personalization Section 5 Personalization Deposit Section 3 Plans Section 1 Processing Fee Section 4 Property Section 1 Reprocessing Fees Section 4 RESPA Section 6 Seller Paragraph 1 Subdivision Section 1 Title Commitment Section 9 Total Purchase Price Section 2 VA Section 3 Warranty Provider Section 23

PURCHASE AGREEMENT- ARIZONA

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ADDENDUM TO PURCHASE AGREEMENT

Affiliated Business Arrangement Disclosure Statement

Notice BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021

From: Richmond American Homesof Arizona, Inc. ("Seller")

This is to give you notice that Seller has business relationships with M.D.C. Holdings, inc. ("MDC"), HomeAmerican Mortgage Corporation ("HomeAmerican"), American Home Insurance Agency, Inc. (known as AHI Insurance Agencyin California) ("American Home Insurance”) and American Home Title and Escrow Company("American Home Title").

Seller, HomeAmerican, American Home Insurance and American Home Title are wholly- owned subsidiaries of MDC. Because of these relationships, this referral may provide Seller a financial or other benefit.

Set forth below are the estimated charges or range of charges by HomeAmerican, American Home Insurance and American HomeTitle for the settlement services listed. You are NOT required to use HomeAmerican, American Home Insurance or American Home Title as a condition for the purchase of the Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.

HomeAmerican - loan origination, underwriting, processing and closing services:

HomeAmerican's customary fees for the above-referenced services are paid directly to HomeAmerican and range from $0 to $550 per service. HomeAmerican may also charge discount points which fluctuate daily depending on market conditions. HomeAmerican will provide you with a Loan Estimate whichwill detail the estimated fees and costs payable for loan settlement.

American Home Insurance - homeowners and other insurance services:

American Home Insurance's customary premium charge for hazard insurance ranges from $300 to $1,400 annually depending on the location, estimated cost to replace your home, and additional riders selected for home insurance coverage. Premiums for flood insurance coverage range from $300 to $2,000 annually and premiums for earthquake insurance coverage range from $300 to $1,800 annually. Other insurance products, including by way of example only, automobile insurance, may be available through American Home Insurance for additional fees.

A financial score may be obtained in order to price certain insurance products where permitted by state law. This type of scoring employs a formula designed to objectively price the insurance risk and is one of many underwriting factors used to predict the likelihood of future losses.

American Home Title - title insurance (only in Colorado, Florida, Nevada, Maryland, and Virginia):

AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT

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RICHVIOND @) RICTM HOMES

Title insurance rates vary greatly from state to state and, in some states, by county. American HomeTitle's customary premium charge for a simultaneously issued standard lender's policy ranges from $50 to $2,050, depending on the county or state within which the property is located and the amountof the insured loan. A standard lender's policy does not include endorsements for mechanic's liens, environmental liens, planned unit development matters, or similar comprehensive coverage that may be requested by the lender. These endorsements may require the payment of additional premiums, which range from $20 to $250 per endorsement, depending on the applicable state or county where the property is located and the specific endorsement requested. Standard owner's title insurance premiums range from a minimum of $200 for a policy coverage amount of $5,000 to a maximum of $5,075 for a policy coverage amount of $1,000,000, depending on the applicable state where the insured property is located. Other premiums or fees paid directly to American Home Title range from $20 to $250, depending on the services performed, the county or state where the property is located, and/or the endorsement or coverage requested. Additional charges may result if coverage beyond a standard policy is requested by Buyer or Lender. All rates and fees, including requested endorsements, policy enhancements and available discounts, will be issued in accordance with the underwriter's rate filing on file with the applicable state division of insurance or as promulgated by the applicable state regulatory agency. A copy of the applicable state or county rate is available for review at the office of American Home Title. A schedule of rates is available upon request.

ACKNOWLEDGMENT

We have read this disclosure form, and understand that Seller is referring me/us to purchase the above-described settlement services and may receive a financial or other benefit as the result of this referral.

AGREED onthis date: November 19, 2021

BUYER(S): DocuSigned by: DocuSigned by:

bine. Moriset November 22, 2021 tua Tapia. November 19, 20. nawMOnSer Date ‘Repreeentsive~ Date Sales Associate License Number (if applicable):

Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation

Date DocuSignedby:

Staci Fourster November 24, 20 ‘SuthereedRepresentative Date

AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT

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a RICHVIOND @) RICTM HOMES

ADDENDUM TO PURCHASE AGREEMENT Alternative Dispute Resolution BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, this Addendum shall control. If the terms contained in the documentthat conveys the Property from Seller to Buyer ("Deed") conflicts with, varies from or modifies the Purchase Agreementor this Addendum, the terms of the Deed shall control. Subject to the foregoing, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

NOTICE: BY INITIALING THE SPACE BELOW AND EXECUTING THIS ADDENDUM, BUYER AND SELLER AGREE AND UNDERSTAND THEY ARE EACH GIVING UP ANY RIGHTS TO HAVE A "DISPUTE" (AS DEFINED IN THIS ADDENDUM) LITIGATED IN A COURT BEFORE A JUDGE ORA JURY. BUYER ALSO AGREES THAT BUYER SHALL NOT COMMENCE OR PARTICIPATE IN ANY CLASS ACTION RELATING TO ANY DISPUTE. EXECUTION OF THIS ADDENDUM AGREEING TO MEDIATION AND ARBITRATION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES TO MEDIATION, AND IF NOT RESOLVED, TO ARBITRATION. DS bs BUYER'S INITIALS: SELLER'S INITIALS:

1. Dispute. For purposes of this Addendum "Dispute" shall mean and include, without limitation, any and all controversies, disputes or claims arising out of, related to, or in any way connected with the Property, the Purchase Agreement, or any resulting transaction, including without limitation claims relating to personal injury or property damage alleged to have been sustained by Buyer, Buyer's family, other occupants of the Property, and/or invitees to the Property. 2. Mediation. Buyer agrees to personally and individually (i.e. without serving as a class representative for others, or becoming a memberof a class action commenced byothers, with respect to the Dispute) mediate any Dispute with Seller before resorting to arbitration. 2.1 Mediation is a process in which the parties attempt to resolve a Dispute by discussing the Dispute in the presence of an impartial, neutral third party authorized by the parties to facilitate the resolution of the Dispute ("Mediator"). The Mediator is not empowered to imposea settlement on the parties. The parties shall agree upon a Mediator within 30 days of written notice of a Dispute delivered by one party to the other. Delivery of a notice of Dispute shall be in accordance with the notice provisions of the Purchase Agreement. If the parties cannot agree upon the selection of a Mediator within such time period, the parties shall request JAMS, Judicial Arbiter Group, Inc. or another mutually acceptable dispute resolution service provider (as selected, the "ADR Provider") to appoint, within the shortest possible period oftime, a Mediator to conduct the mediation. 2.2 Any party who will be relying upon an expert report and/or repair estimate at the mediation shall provide the Mediator and the other parties with a copy of such reports and/or estimates. If one or more issues directly or indirectly relate to alleged deficiencies in design, materials or construction, all parties and their experts shall be allowed to inspect, document (by photograph, videotape or otherwise) and evaluate the alleged deficiencies prior to mediation, and Buyer hereby agrees to make the Property available for such purposes. 2.3 All mediation fees shall be divided equally among the parties; provided, DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343

RICHVIOND GRAM ERICAN HOMES

however, that Seller shall be responsible forthe first eight (8) hours of the Mediator’s time, and any administrative fees charged by the ADR Provider for suchfirst eight (8) hours of mediation. Before the mediation begins and consistent with the laws of the State in which the Property is located, the parties shall agree in writing to limit the admissibility in any arbitration or court action of anything said, any admission made, and any documents prepared in the course of the mediation.

if any party commences an arbitration or court proceeding based on a Dispute withoutfirst attempting to resolve the matter through mediation, the other party shall have the right, at any time, to cause such proceeding to be dismissed or set aside, and the commencing party shall pay all costs, expenses and reasonable attorney fees incurred by such party to have such proceeding set aside or dismissed.

3. Arbitration of Disputes. The parties agree that this transaction involves interstate commerce and that any Dispute not settled during mediation shall be resolved by binding arbitration as provided in the Federal Arbitration Act (9 U.S.C. §§1 et seq.) by the ADR Provider selected by the parties, which ADR Provider may be different than the ADR Provider that conducted the mediation, and such Dispute shall not be resolved by or in a court of law or equity. Buyer agrees to personally and individually (i.e. without serving as a class representative for others, or becoming a memberof a class action commenced by others, with respect to the Dispute) arbitrate such Dispute. A written notice of the intent to arbitrate such Dispute shall be delivered by the party desiring to arbitrate such Dispute to the other party within 30 days after the conclusion of the mediation, and otherwise in accordance with the notice provisions in the Purchase Agreement.

3.1. Except as may otherwise be expressly stated in the Deed, the arbitration shall be conducted in accordance with the rules specified by the ADR Provider (the "Rules"), but which Rules must include, and it is the express intent of Buyer and Seller that each shall be bound by,the following: 3.1.1. The arbitration shall be conducted by a single arbitrator agreed upon by the parties with at least 10 years of experience in the subject matter of the Dispute who maybe, withoutlimitation, an attorneylicensed to practice law in the State in which the Property is located with experience in real estate or construction law, or an expert in the construction industry ("Arbitrator"). If the parties cannot agree upon the selection of an Arbitrator, the Arbitrator shall be selected by the ADR Provider in accordance with the Rules. An Arbitrator shall be selected within the shortest possible period after delivery of the written notice of intent to arbitrate the Dispute. Any fees due to the ADR Provider in connection with such selection process shall be split equally by the Buyer and Seller. If the amount claimed with respect to the Dispute exceeds $1,000,000, the arbitration shall be heard and determined by three Arbitrators, unless the parties agree on a single Arbitrator. If three Arbitrators are to hear the Dispute, Buyer and Seller shall each select an Arbitrator of their choice and those two Arbitrators shall agree on the selection ofthe third Arbitrator. 3.1.2 The Arbitrator shall have exclusive authority to resolve any Dispute, including, but notlimited to any claim that all or any part of the Purchase Agreementor any addenda or amendment is void or voidable. The Arbitrator's authority is limited to resolution of the Dispute, and other claims may not be joined or consolidated with the Dispute unless agreed to in writing by all parties. The Arbitrator shall be authorized to provide all recognized remedies available at law for any cause of action, except injunctive relief. The Arbitrator shall make a determination of the Dispute as soon as possible after completion of the arbitration proceeding. The parties agree that the Arbitrator's decision shall be final and binding. To the fullest extent permitted by applicable law, Buyer and Seller agree that no finding or stipulation of fact, no conclusion of law, and no arbitration award in any arbitration shall be given preclusive or collateral estoppel effect with respect to any issue or claim in any subsequent arbitration or court action, except among the parties to the arbitration. 3.1.3 Judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction. 3.1.4 All arbitrations shall be concluded, if practicable, within 180 days of the applicable party providing a notice of intent to arbitrate the Dispute to the otherparty.

4. Severability/Additional_ Parties. The waiver or invalidity of any portion of this Addendum shail not affect the validity or enforceability of the remaining portions of this Addendum. Buyer and Seller agree: (a) any Dispute involving Seller's affiliates, directors, officers, employees and/or agents shall also be subject to mediation and arbitration as DocuSign Envelope ID: 892E33D1-0735-460E-AASD-9468DF8AB343

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described in this Addendum, and shall not be pursued in a court of law or equity; and (b) Seller may, at its sole election, include Seller's contractors, subcontractors and/or suppliers, as well as any warranty company,insurer or other necessary or proper party, as parties in the mediation and arbitration notwithstanding any contrary provision.

5. Attorney Fees/Costs. Except as expressly provided in this Addendum, each party shall bear its own costs and expenses, including attorneys’ fees and expert costs and fees, related to any Dispute, and shall not be entitled to or awardedits attorney fees or costs incurred with respect to such Dispute, or the Mediator or Arbitrator fees, or any related administrative fees. The fees and costs associated with mediation and/or arbitration proceedings will depend in large part on the nature of the Dispute. As such, it is not possible to estimate the fees and costs in advance.

6. Time for Filing/Location. In no event shall the Dispute be submitted for mediation or arbitration after the date when institution of a legal or equitable proceeding based on the underlying claims in such Dispute would be barred by the applicable statute oflimitations or statute of repose. Arbitration proceedings shall be conductedin the jurisdiction where the Property is located.

7. Consumer Due Process Protocol. Seller supports the principles set forth in the Consumer Due Process Protocol developed by the National Consumer Dispute Advisory Committee and agrees that, notwithstanding the requirements for arbitration stated in this Addendum, Buyer shall have the option, after pursuing mediation as provided herein, to seek relief in a small claims court for Disputes or claims within the scope of the court's jurisdiction in lieu of proceeding to arbitration. There shall be no appeal from a decision by a small claims court.

8. Injunctive Relief. Notwithstanding anything in this Addendum to the contrary,if either Seller or Buyer seeks injunctive relief, and not monetary damages, from a court because irreparable damage or harm would otherwise be suffered by either party before mediation or arbitration could be conducted, such action shail not be interpreted to indicate or be deemed to be a waiver ofthe right to mediate orarbitrate.

9. Binding Effect. Buyer agrees this Addendum applies to his or her heirs, successors and assigns, and Buyer intends that all such parties shall be bound hereby.

10. WAIVER OF CLASS ACTION. BUYER WAIVES THE RIGHT FOR ANY DISPUTE TO BE COMMENCED, HEARD OR RESOLVED AS A CLASS ACTION, BUYER AND SELLER EACH HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN MEDIATION, ARBITRATION OR OTHERWISE, AND AGREE THATIT IS THE EXPRESS INTENT OF EACH PARTY THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURESNOT BE ASSERTED OR APPLIED WITH RESPECT TO ANY DISPUTE.

11. AGREEMENT TO MEDIATE AND ARBITRATE. BUYER AND SELLER AGREE TO HAVE ANY DISPUTE RESOLVED BY MEDIATION, AND IF NOT RESOLVED BY MEDIATION, DECIDED BY-ARBITRATION.

12. WAIVER OF JURY TRIAL. BUYER AND SELLER EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE HEARD OR RESOLVED IN A COURT BY A JUDGE OR JURY.

AGREED on this date: November 19, 2021

BUYER(S): DocuSigned by: DocuSigned by:

dua huoriset November 22, 2021 bua Tapia November 19, 20. PMCaSEe" Date ‘Repiesentaive- Date Sales Associate License Number(if applicable):

Date Seller: Richmond American Homes of Arizona, Inc,, a Delaware Corporation

Date DocuSigned by:

Stati Forty November 24, 20 “RuthGrwed-Representative Date DocuSign Envelope ID: 892E33D1-0735-460E-AAS5D-9468DF8AB343

RICHVIOND oN} HOMES

ADDENDUM TO PURCHASE AGREEMENT Indoor Environmental Quality Disclosure BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shail govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreementare republished and reaffirmed. Any capitalized termsin this Addendum shall have the meaning given in the Purchase Agreementunless otherwise provided in this Addendum.

L. Introduction

Residential construction involves the use of materials, supplies, goods and products (collectively, “Materials") which contain, use or produce by-products, formaldehyde, volatile organic compounds, chemicals, materials, particulates and other substances that are known to be or may later become known to be hazardous. These Materials may be under enough pressure naturally or otherwise composed of compounds and chemicals which result in emissions into the living environment ("Emissions"). These Materials include, without limitation, adhesives, appliances, including combustion appliances, cabinets, countertops, flooring and floor coverings including carpeting, insulations, paints and finishes, plywood, oriented strand board (OSB) and particleboard, roofing and roof coverings, and sealants. Emissions from Materials and from personal goods and cleaning products are always present in the Home and on the Property. Currently, energy conservation concerns and energy standards have resulted in tighter homes which trap Emissions in large quantities. The sources, pathways, types, amounts and/or concentrations of Emissions will vary depending not just on the Materials used (or selected by Buyer) but also on personal habits, practices and lifestyles.

The information described in this Indoor Air Quality Disclosure has been obtained from various third party sources, including governmental agencies and consultants. Because of constant new developments on the subject of Indoor Air Quality, Seller cannot guarantee the continuing accuracy or completenessof the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concern relating to Indoor Air Quality.

Il. Health Risks of Emissions

Since Emissions are everywhere in our environment, everyone is exposed to emissions. Emissions can exist in any type of building, including homes, offices and schools. Buyer should be aware that Emissions may cause allergic reactions or affect health. Emissions can negatively affect indoor air quality and/or impact health and well being, including, withoutlimitation, triggering attacks in people with asthma, causing or increasing allergies, eye, nose and throatirritation, headaches, nausea, damage to liver, kidney, and central nervous systems and cancer in humans.

i. Reduction of Emissions

Inadequate ventilation and high temperature and humidity levels increase Emissions. Buyer is responsible for indoor air quality management, including withoutlimitation proper and routine ventilation of the Home to reduce Emissions. Seller recommends, as a minimum, regular airing of the Home by simply opening windows. Different ventilation, including whole house and/or spot ventilation, filtration, humidification, dehumidification and/or treatment devices and/or methods exist and may be helpful to improve indoor air quality and/or reduce, control or mitigate exposure to or from Emissions to varying degrees and should be explored by Buyer.

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Seller does not have the technical expertise to ascertain or advise Buyer of the presence or significance of Emissions in the Home or on the Property whether or not Seller offers or may offer Materials with differing potentials for Emissions or any ventilation, filtration or treatment device and/or method. Buyer understands that Seller cannot design, build and sell a home free of Emissions, nor can Seller be responsible for any related health problems experienced by Buyer or other persons occupying the Home. Buyer acknowledges that prior to entering into the Agreement, Buyer has had the opportunity to satisfy itself with respect to the extent of or potential for existence of Emissions and the quality of indoor air which may be contained in the Home, potential or actual risks and harm, and potential remedial methods at the Property, and Buyer releases Seller from any and all existing or future claims, costs, expenses or liability in any way relating to such Emissions.

ACKNOWLEDGMENTAND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES

By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Indoor Environmental Quality Disclosure and Buyer agrees to comply with the provisions of this disclosure.

INDOOR ENVIRONMENTAL QUALITY ADDENDUM

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ADDENDUM TO PURCHASE AGREEMENT Mold Disclosure

BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

L Introduction

Most people are familiar with mold in at least some capacity, such as mold growth on food, mold growth in the bathroom (for example, in the shower, on the drywall, on ceiling tiles) and in other areas of the home (for example, on the windowsills). Seller has prepared this Mold Disclosure to provide Buyer with some additional information about mold to ensure that Buyer understands its responsibilities in the inhibition or prevention of moid growth in the Home.

The information described in this Mold Disclosure has been obtained from various third party sources, including governmental agencies and consultants. Because of constant new developments on the subject of mold, Seller cannot guarantee the continuing accuracy or completeness of the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concerrelating to mold, health risks associated with mold, and mold prevention or cleanup.

I. What is mold and where does it come from?

Mold is a type of fungus. It occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. There are numerous types of mold found in our environment. Mold spreads by means of microscopic spores borne on the wind, and is found everywherelife can be supported. RESIDENTIAL HOME CONSTRUCTION IS NOT, AND CANNOT BE, DESIGNED OR BUILT TO EXCLUDE MOLD FROM A HOME. Mold spores may enter the Home through open doorways, windows, and heating ventilation and air conditioning systems. Spores in the air outside also attach themselves to people and animals, making clothes, shoes and pets convenient vehicles for carrying mold spores indoors.

Mold naturally grows in indoor environments. In order to grow, mold spores require a food source and moisture. The food source can be supplied by decorative items, such as fabric, carpet or wallpaper, or by building materials, such as drywall, wood, and insulation, to name a few. When mold spores land on places where there is sufficient moisture, mold will begin to grow within a period of 24 to 48 hours.

Moisture in the Home comes from many sources, such as spills, leaks, overflows, condensation, broken seals around doors and windows, and damp conditions in crawl spaces. Excessive landscape watering and high humidity are common sources of home moisture. Good housekeeping and home maintenance practices are essential in the effort to inhibit mold growth. See “Prevention of Mold Growth: Homeowner Responsibilities" section below. Eliminating excessive moisture may slow orlimit mold growth.

IH. Health Risks of Mold

Since molds are found virtually everywhere in our environment, everyone is exposed to molds. Although the vast majority of molds are not known to cause health problems,

MOLD ADDENDUM

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some molds have the potential to cause adverse health effects. Whether or not a person exposed to mold is at risk for adverse health conditions generally depends upon the susceptibility of the person exposed(including age, environmental factors such as stress and health factors such as existing sensitivities to allergies, underlying lung disease and suppressed immune systems), the amount of exposure and the type of mold. Experts disagree about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. Common health concerns associated with molds include hay fever-like allergic symptoms similar to those caused by plant pollen and animal dander (for example, fatigue, headaches, respiratory ailments, aggravation of asthma, nasal stuffiness or runny nose, cough, congestion, eye, nose, throat and skin irritation). Less frequent but more severe health concerns which may be linked to mold exposure include, but are notlimited to, chronic fatigue, central nervous system problems, lung disease and immune suppression. Research on mold and its health effects is on-going. Naturally, common sense dictates that Buyer should consult a physician regarding any symptoms of concern to Buyer.

IV. Inhibition/Prevention of Mold Growth: HomeownerResponsibilities

Currently there are no federal, state or local standards that establish permissible limits for exposure to mold. Since microscopic mold spores exist everywhere naturally in our environment, mold cannot be prevented or removed entirely. Sinceit is impossible for a hometo be entirely free of mold spores, and since mold can grow on almost anything, the only wayto inhibit mold growthis to eliminate excessive moisture in the home. All visible mold should be removed immediately. See "Mold Cleanup” section below.

Homeowners must take positive steps to eliminate excessive moisture in the Home, and thereby inhibit mold growth and any possible adverse effects that may be caused by mold growth. Homeowner's responsibilities for the inhibition of mold growth include, but are not limited to, the following:

Don't Bring Mold Home: Before bringing items into the Home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth.

Keep it Clean: Regular and thorough vacuuming and cleaning will help reduce mold levels. Mild cleaning solutions are generally effective in eliminating or inhibiting mold growth. After cleaning carpets, make sure that the carpets are completely dry before replacing furniture. Don’t close closet doors or otherwise enclose spaces until the carpets have completely dried out.

Reduce Humidity: Keep the humidity (water vaporin the air) in the home low. One of the worst things one can do is use a humidifier because they add uncontrolled amounts of moisture to the air. Vent clothes dryers to the outdoors. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, and running the air conditioning to remove excess moisture in the air, and to facilitate evaporation of water from wet surfaces. Moisture sources that increase indoor air humidity include, but are not limited to, steam from showers, baths, cooking, indoor plants, washing dishes, washing clothes, and hanging wet clothes on indoor drying lines. Periodically ventilate enclosed spaces such as closets.

Promptly Correct Leaks, Moisture and Water Damage: Since mold will generally only grow in areas that have been exposed to moisture for more than 24 hours, it is important for Buyer to repair water leaks immediately or upon discovery. Thoroughly dry any wet surfaces or material. Do not let water pool or stand in the Home. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation. Landscape so that the original grade of the Propertyis not disturbed and the ground slopes away from the Home to prevent water from collecting under the Home. Keep sprinklers and other sources of water from spraying on the walls of the Home. Also promptly clean up spills, condensation and other sources of moisture.

Maintenance Is a Must: \t is very important that Buyer regularly maintain the Home. For example, regularly caulk the windows, faucets, drains, tub and showers. Maintain roofs and clean gutters and keep both in good repair. Heating, ventilation and air conditioning systems should have their filters replaced on a regular basis as called for in their maintenance manuals. Maintain a positive grade around the Home, so that surface water

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and sprinkler water drains away from the Home. If the Home has a sump pump, make sureit is operating properly.

Vigilance is Vital: Buyer must perform routine visual inspections for mold growth and signs of leaks, moisture or water damage. Moldy or musty odors are also a reliable indicator of the presence of mold. Inspect for signs of mold, moisture, leaks and spills on a regular basis andeliminate the source of the water immediately. Look for discoloration or wet spots on ceilings, walls, floors, and windowsills. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Do not let water stand in air conditioning or refrigerator drip pans. Look around and under sinks for standing water, water stains or mold. Take notice of musty odors and any visible signs of mold.

V. Mold Cleanup

If mold is found, it must be removed and the source of the water must be eliminated immediately. The measures taken to initiate the cleanup process are dependent on the extent of the problem. In many cases, mold can be removed by a thorough cleaning with a mild cleaning solution. If there is an extensive amount of mold, there are professional cleaning and property restoration services experienced in cleaning mold, as many items can be completely cleaned of mold. Care must be taken to ensure that safe cleanup methods are employed. Any item that cannot be completely cleaned of mold should be discarded after checking with the cleaning professional to ensure that there is no other wayto clean the item.

ACKNOWLEDGMENT AND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES

By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Mold Disclosure and Buyer agrees to comply with the provisions of this Mold Disclosure, specifically, the “Prevention of Mold Growth: Homeowner Responsibility” and "Mold Cleanup” sections.

MOLD ADDENDUM

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ADDENDUM TO PURCHASE AGREEMENT Radon Program

BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A_, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shal! govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

I. Introduction

Manypeoplelive in parts of the country with elevated natural levels of radon. Radon is a radioactive gas that comes from the natural breakdown of uranium in soil, rock and water and gets into the air you breathe. Radon has been found in homesall over the United States. Seller has prepared this Addendum to provide Buyer with some information about radon to help Buyer understand whatSeller is doing to address radon in its homes, and so that Buyer understands its responsibilities with respect to radon in the home.

The information described in this Addendum has been obtained from various third-party sources, including governmental agencies. Because of changing developments on the subject of radon, Seller cannot guarantee the continuing accuracy or completeness of the information that Seller is providing to Buyer and Buyer should independently verify and seek additional information regarding any matter of concernrelating to radon, health risks associated with radon, and radon mitigation and remediation.

Il. What is radon and where does it come from?

Radonis an odorless, tasteless and invisible gas that occurs naturally in the environment. Radontypically moves up through the ground to the air above and can moveinto your home through cracks or other holes in the foundation. It can get into any type of building - homes, offices and schools - and result in a high indoor radon level. RESIDENTIAL HOME CONSTRUCTION IS NOT, AND CANNOT BE, DESIGNED OR BUILT TO EXCLUDE RADON FROM A HOME. Any home can have elevated levels of radon. This includes new and old homes, well-sealed and drafty homes, and homes with or without basemenis.

The Indoor Radon Abatement Act of 1988 directed the United States Environmental Protection Agency (EPA) to list and identify areas of the U.S. with the potential for elevated indoor radon levels. The EPA has assigned to each county in the U.S. one of three zones based on radon potential on the EPA Map of Radon Zones (EPA-R-93-071). Zone 1 indicates the highest radon potential, Zone 2 has been assigned a lowerpotential for elevated levels by the EPA, and Zone 3 has been designated as having the lowest potential for elevated radon levels. Nonetheless, individual homes in Zones 1, 2 or 3 may have elevated levels of radon.

Il. Health Risks of Radon

Experts disagree aboutthe level of radon exposure that may cause health risks. The EPA warns that long-term exposure to elevated levels can damage lung tissue and could possibly lead to lung cancer over the course of lifetime. Although there is uncertainty and disagreement in the scientific community about the magnitude of radon health risks, the EPA has advised that long-term exposure to elevated levels of residential radon may lead to lung cancer. The EPA has also advised that any health risk associated with exposure to radon is more serious for smokers.

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The EPA recommendsthat all homes be tested for radon, whether the home contains a radon control system or not. Testing is recommended by the EPA as a wayto estimate your home's radon levels. The EPA recommends (but does not require) that active radon control systems be installed in all homes in which long-term radon test results indicate radon levels of 4 picoCuries perliter (pCi/L) or greater. However, the EPA believes that even levels below 4 pCi/L pose some risk and that nearly one out of every 15 homesin the United States is estimated to have a radon level in excess of 4 pCi/L. Radon is measured in picoCuries perliter of air.

IV. Richmond American's Program

Radon Control System Installed. Seller will install, at its cost, an active radon control system in new homesin those areas identified on the EPA Map of Radon Zones(or on an equivalent published state map prepared for same purpose) as being in Zone 1 (high) at the time of application for a building permit.

This Property is in Zone 1: Yes __ ~No __

By this program, Seller generally seeks to support the reduction of residential radon levels to below the EPA's suggested action level of 4 pCi/L on an annual average basis. In homes that have an active radon control system provided by Seller, Seller will confirm via testing of its own choosing that the average radon levels are below 4 pCi/L. Seller will use commercially reasonable efforts to provide such testing prior to Closing, however, Seller cannot guaranty that the testing will be completed, or that the results will be available before Closing. If the results are not available before Closing, Seller will deliver the results to Buyer as soon as reasonably practicable after Closing. If Seller has not performed the testing prior to Closing, Buyer agrees {) to allow Seller to perform the testing, at Seller's expense, within a reasonable period of time after Closing, or ii) Buyer may elect to extend the Closing Date in order to allow Seller to provide the testing before Closing. If the results are not available prior to Closing for any reason, Buyer mayelect to extend the Closing Date in order to allow Seller to provide results before Closing. lf Buyer elects to extend the Closing Date, Buyer must notify Seller in writing on or before the Closing Date. All costs and expenses of extending the Closing Date, including, withoutlimitation, alternate housing, moving expenses, interest costs or other similar costs are the sole responsibility of Buyer. If the test results are at or exceed 4 pCi/L, Seller will repair or replace the radon control system at Seller's option and expense.

Within 90 calendar days after Closing, Seller will provide to Buyers of new homes with an active radon control system, at Buyer's written request, a long-term radon testkit from a nationally certified laboratory to test for long-term radon levels in the home. This kit will be provided to Buyer at Seller's expense. If Buyer requests a kit and follows the instructions that come with it, and if the long-term test results are at or exceed 4 pCi/L, Seller will repair or replace the active radon control system at Seller's option and expense. Buyer must advise Seller, in writing, of the long-term test results and request repair or replacement of the active racion control system within one year of Closing. Seller will, at its cost, subsequently re-test the home via testing of its own choosing to confirm that the radon levels are below 4 pCi/L. Failure to provide written notice within one year of Closing of a long-term reading at or in excess of 4 pCi/L will waive the right to seek repair or replacementof the active radon control system from Seller.

To enable Seller to conduct the tests described in this Addendum, Buyer will provide access to Seller and its agents at mutually convenient times and will fully cooperate with Seller in completing the testing.

Reimbursement Program. In homesin areas identified on the EPA Map of Radon Zones 2 (moderate) or 3 (low) at the time of application for a building permit where no active radon control system has been installed, if at any time within six months after Closing, Buyer elects to conduct long-term testing of the Property, and if the long-term test results demonstrate radon readings at or in excess of 4 pCi/L, Buyer can request reimbursement from Seller for installation of an active radon control system for an amount not to exceed $1000. If Buyer chooses to participate in this program, Buyer mustnotify Seller in writing of the long-term test results and Seller reservesthe right, at its expense, to obtain a confirmatory short-term test conducted by an independent or governmentally certified third-party radon measurement professional. If the results of

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this confirmatory test are at or above 4 pCi/L, Buyer mayelect to hire a qualified radon mitigation or remediation professional to reduce the amountof radon gas present in the home. Such work shall be completed within 30 days after the date on which Seller notifies Buyer of the results of the confirmatory test. Upon receipt of evidence satisfactory to Seller of payment by Buyer of the cost of such mitigation or remediation, Seller shall reimburse Buyer for the cost of such mitigation or remediation, which reimbursement shall not exceed $1,000. If Buyer performs pre-Closing testing and elects to have work performed to reduce the amount of radon gas presentin the home, Seller will reimburse Buyer under the terms set forth above provided that the Buyer submits satisfactory evidence of remediation and evidence of payment to Seller no later than six months after Closing. Payment to Buyer of the reimbursement amount described herein will fully satisfy Seller's obligations to Buyer relating to radon. Failure to provide a written request for reimbursement (including evidence of testing and completed remediation) within six months of Closing will waive Buyer's right to reimbursement.

Lowering radon levels in a home requires technical knowledge and special skills. Active radon control systems have been designed to reduce radon levels in residences and these systems can be effective. However, Seller is not qualified to evaluate and has not undertaken to evaluate all the benefits or detriments associated with radon- resistant construction or radon control systems. Where Seller has installed an active radon control system, Seller has utilized techniques recognized by the EPA and the American Society for Testing and Materials in the design of these systems.

Seller is relying on published information from the EPA and the states in which Seller builds to determine the potential for elevated levels of radon in various parts of the country. SELLER MAKES NO ASSURANCES, REPRESENTATIONS, OR WARRANTIES AS TO WHETHER THERE IS ANY HAZARDOUS OR REGULATED MATERIAL ON THE PROPERTY. WHERE SELLER HAS PERFORMED RADON TESTING, SELLER MAKES NO ASSURANCES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE RADON LEVELS IN THE HOME AT OR PRIOR TO CLOSING ACCURATELY REFLECT THE LONG-TERM LEVELS OF RADON IN THE HOME. Seller advises Buyer, at Buyer's expense, to further investigate, as Buyer deems appropriate, the presence, absence, or level of radon or potential for radon in the home or in the soil beneath or adjacent to the home. Seller does not represent or warrant that achievement of results of short or long-term testing below 4 pCi/L provides any health benefit and does not provide any assurances that radon levels in the home will remain at or below any previously-tested levels. Radon readings may vary significantly regardless of the presence of absence of a radon control system and Seller recommends that Buyers periodically test their homes as advised by the EPA. Seller does not represent or warrant that an active radon control system will significantly reduce natural radon levels in the home. Seller provides no express or implied warranty with respect to the system. Additional information regarding radon and radon testing may be obtained from the EPA or Buyer's state and/or county radon office or health department(s).

Buyer's sole right and remedy for test results that are at or exceed 4 pCi/L shall be Seller's repair or replacement of the installation of the Seller-provided active radon control system or reimbursement of an amount not to exceed $1000 for installation of an active radon control system where not provided by Seller. Achievementof a reading below 4 pCi/L via testing of Seller's own choosing after repair or replacement of the installation of the Seller-provided active radon control system or reimbursement of an amount not to exceed $1000 for the installation of an active radon control system will fully satisfy Seller's obligations to Buyerrelating to radon.

V. Homeowner Responsibilities

As with other systems in the home, radon control systems require periodic inspection, maintenance, repair, and/or replacement. The proper operation of these systems is the sole responsibility of the Buyer. Homeowners must be vigilant in ensuring that their active radon control system is operational and is functioning. Homeowners should review the information provided to them about their radon control system and should inspect the system and understand how it works. Buyer also bears the responsibility for conveying this information to future buyers of the Property.

Seller encourages Buyer to periodically retest the home for radon, as recommended by

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the EPA. For instance, the EPA recommends that homeowners retest their homes for radon after they are renovated, or if homeowners plan to use a lower level of the home than the level that was tested. The EPA recommendsretesting a home every two years in all cases regardless of whether a radon control system is installed. Buyer may obtain a copy of the EPA publication, Home Buyer's and Seller Guide to Radon at http:/Avww. epa.gov/radon/pubs/hmbyguid.html.

ACKNOWLEDGMENT AND ACCEPTANCE OF HOMEOWNER RESPONSIBILITIES

By signing the Purchase Agreement, Buyer acknowledges receipt and understanding of this Addendum and the disclaimers contained in this Addendum, and Buyer agrees to comply with the provisions of this Addendum.

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ADDENDUM TO PURCHASE AGREEMENT Deposit Disclosure (Arizona Administrative Code § R4-28-803D) BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 14/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In ail other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

Prospective purchasers are advised that earnest money deposits, down payments and other advanced moneywill not be placed in a neutral escrow. This moneywill be paid directly to the Seller and may be used by the Seller. This means the purchaser assumesthe risk of losing the moneyif the Seller is unable or unwilling to perform under the terms of the purchase contract.

AGREED onthis date: November 19, 2021

BUYER(S): DocuSigned by: DocuSigned hy:

fine. Moriset November 22, 2021 tva Tapia November 19, 20. niaWoneeE Date ‘Representa ~ Date Sales Associate License Number (if applicable):

Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation

Date DosuSigned by:

Stati Foust November 24, 20 ‘Ruthorreed*Rapresentative Date

DEPOSIT DISCLOSURE ADDENDUM

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ADDENDUM TO PURCHASE AGREEMENT Title Insurance and Closing Costs Addendum

BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN EARMS BLOCK 30, Tract/Filing No. N/A_, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENT DATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller, In ail other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

Notwithstanding anything to the contrary in the Closing Costs and Adjustments and Title Insurance Sections of the Agreement, the following shail apply: A. Closing Agent. The Closing Agent's role involves the coordination of administrative and clerical functions relating to the collection of documents and the collection and disbursement of funds required to carry out the terms of the Agreement. When all terms of the Agreement have beensatisfied, the Closing Agent will cause the recording ofall necessary documents in the appropriate public records. Buyer and Seller agree the Closing Agent shail also act as the escrow agentfor this transaction, and the delivery and acceptanceofa fully executed copyof this Agreement to the Closing Agent will constitute employmentof such entity as the escrow agent. Buyer and Seller designate the Closing Agent as the Reporting Person, as defined in § 6045(e) of the United States Internal Revenue Code and the regulations promulgated thereunder, as permitted in Treasury Regulation Section 1.6045-4(e)(5). Buyerselects the following independent Closing Agent (se/ect only one box): Fidelity National Title Insurance Company

[| Other (Name) (Address) (Phone)

If the selected Closing Agent is unable to timely fulfill its obligations, Seller reserves the right to change the Closing Agentto facilitate the Closing. B. Owner's Policy (select only one box): a; Seller will select the title insurance entity and Seller will pay the premium for the Owner's Policy. \f Buyer requests coverage beyond the Owner's Policy provided by Seller, Buyer shall pay additional premiumsfor that coverage at Closing.

The title insurance entity for the Owner's Policy is: Fidelity National Title Insurance Company.

|__| Buyerwill selectthetitle insurance entity and Buyerwill pay all premiumsfor Owner's Policy. If Buyer elects not to use Fidelity National Title Insurance Company, affirmative mechanics’lien coverage may not be available to Buyer.

TITLE INSURANCE CLOSING AGENT ADDENDUM

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@ RICHVIOND LG RM ERICAN HOMES

The title insurance entity for the Owner's Policyis:

(Name) (Address) (Phone)

Cc. Loan Policy: Buyer will select the title insurance entity and Buyer will pay all premiums and any applicable endorsements for the title insurance policy insuring Buyer's Loan (“Loan Policy"). A Loan Policy issued simultaneously with and by the same entity as the Owner's Policy may be available at a discounted premium. The same title insurance entity shall issue the Loan Policy and the Owner's Policy unless Buyer designates a different title insurance entity for the Loan Policy within five days after receipt of a Loan Commitment. D. Disclosure. As required by the Real Estate Settlement Procedures Act of 1974, as amended or re-enacted, Buyer acknowledges that Seller has not directly or indirectly required Buyer, as a condition of sale, to purchase either an Owner's Policy or a Loan Policy from any particular title entity. E. VA Guaranteed Loan. If Buyer is financing the Home with a VA guaranteed loan, VA regulations will govern, and, to the extent such regulations differ from anything contained in this Addendum, will control.

F. Closing Costs and Adjustments. Seller shall pay: (a) the lesserof (i) 1/2 of the escrow feefor this transaction or (ii) $40.00; and (b) the recording fees for any releases of encumbrances created by Seller. Buyer shall pay the remaining portion of the escrow fee, document preparation fees, if any, and all recording fees of the deed to Buyer.

Buyer acknowledges the above selections, reading the above disclosures and receiving a copy of this Title Insurance and Closing Costs Addendum.

AGREEDon this date: November 19, 2021

BUYER(S): DocuSigned by: DocuSigned by:

fina, Marist November 22, 2021 en Tapia. November 19, 20. namoneer Date “Representaine Date Sales Associate License Number (if applicable):

Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation

Date DocuSigned by:

Stasi Foust November 24, 20 “RutherREWRepresentative Date

TITLE INSURANCE CLOSING AGENT ADDENDUM

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@ RICHVIOND TGRMERICAN HOMES

ADDENDUM TO PURCHASE AGREEMENT Contractor Information (Arizona Revised Statutes § 32-1158(A)) and Purchaser Dwelling Act (Arizona Revised Statutes § 12-1365) BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY:Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. \f this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions ofthis Addendum shal! govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreementare republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

Contractor Information (A.R.S. § 32-1158(A))}

This home is constructed by Richmond American Construction, Inc.

Contractor's business address is: 16427 N. Scottsdale Road, Suite 175, Scottsdale, AZ 85254. Contractor's license numberis: ROC206612.

Buyer has the right to file a written complaint with the Arizona Registrar of Contractors ("Registrar") for an alleged violation of Arizona Revised Statutes, § 32-1154, subsection A. The Registrar's telephone number and website address are: 602-542-1525; https://roc.az.gov/, Complaints must be made within the applicable time period as set forth in Arizona Revised Statutes, § 32-1155, subsection A.

Purchaser Dwelling Act (A.R.S. 12-1365

UnderArizona Revised Statutes, § 32-1155, a buyer of a dwelling has the right to file a written complaint against the homebuilder with the Arizona Registrar of Contractors within two years after the close of escrow or actual occupancy, whichever occursfirst, for the commission of an act in violation of Arizona Revised Statutes § 32-1154, subsection A.

AGREEDonthis date: November 19, 2021

BUYER(S): DocuSigned by: DocuSigned by:

La, Marist November 22, 2021 Gua Tapia November 19, 20, namongere Date ‘Representa’ ~ Date Sales Associate License Number(if applicable):

Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation

Date DocuSigned by:

Stati Forty November 24, 20 “AuthsrbewRepresentative Date

Contractor Notice - ARIZONA

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RICHVIOND GaAMERICAN HOMES

ADDENDUM TO PURCHASE AGREEMENT Energy Wise Program Home Disclosure

BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 30, Block N/A, Subdivision GLADDEN FARMS BLOCK30, Tract/Filing No. N/A, City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772, Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 14/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates fo the Property.If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

This Addendum is an overview of Seller's Energy Wise Program. Seller's Energy Wise Program provides Buyer with a HERS® Index rating for the Home, and mayinclude Personalization features or products that may offer energy efficiency or energy savings benefits or other conservation or environmental characteristics ("Energy Wise Personalization"). Energy Wise Personalization varies from community to community. Personalization offering energy efficient features may include insulation, windows, heating and cooling equipment, or lighting and appliances marketed as offering energy efficiency or energy savings benefits.

The HERS® Index, a registered trademark of the Residential Energy Services Network (RESNET), is an energy efficiency scoring system established by RESNETand is not a feature or productitself. The HERS® Index scores a homebuilt to the specifications of the HERS® Reference Home (based on the 2006 International Energy Conservation Code) at 100. Each 1-point decrease in the HERS® Index corresponds to a 1% reduction in energy consumption compared to the HERS® Reference Home. The lower a home's HERS® Index, the more energy efficient it is in comparison to the HERS® Reference Home. The HERS® Index shown in any marketing or sales material is an estimation based on the relevant standard home plan as projected prior to construction using RESNET approved software and not as confirmed by actual measurements taken upon completion of the Home. The HERS® Index for the Home will be determined by an independent RESNET-certified HERS® Rater based on observations and analyses of the Home as-built and will be provided to Buyer at, before or after closing. Observations performed in accordance with RESNET Standards of Practice are not technically exhaustive and are not intended to be a confirmation of compliance with regulatory requirements. Information about the HERS® Index, Home Energy Rating Standards of Practice and Code of Ethics Standards can be found on RESNET's website at http:/Avww.resnet.us.

Actual energy and utility costs and savings and conservation or environmental characteristics will depend on factors that include, without limitation, rates and charges of local utility companies, the type and source of energy or utility, actual household energy and utility consumption, alterations and retrofits made subsequent to Closing, and climatic conditions. The International Energy Conservation Code and otherbuilding codes, ordinances or regulations, as adopted and amended bythe jurisdiction in which the Home is built, may materially affect the HERS® Index for the Home. Buyers are cautioned against and should not rely solely on any Energy Wise Personalization in making any decision. SELLER CANNOT AND DOES NOT GUARANTEE ENERGY OR UTILITY USAGE AND COSTS OR SAVINGS AND CANNOT AND DOES NOT GUARANTEE ANY HOME WILL HAVE A HERS® INDEX EQUAL TO OR LOWER THAN THAT AS MARKETED OR AS DETERMINED FOR A SPECIFIC HOME BY AN INDEPENDENT RESNET-CERTIFIED HERS® RATER.Thereceipt of a HERS® Index rating on a Home does not qualify the Home as ENERGY STAR® and is not a qualification under any ENERGY STAR® Qualified New Homes Program that may be offered by Seller. ENERGY WISE PROGRAM HOMEDISCLOSURE

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@) RICHVIOND QUININE HOMES

Certain Personalization may be ENERGY STAR® qualified. The U.S. Environmental Protection Agency ("EPA") introduced ENERGY STAR® as a voluntary program to reduce greenhouse gas emissions through increased energy efficiency. Some Home appliances such as, withoutlimitation, dishwashers, refrigerators, water heaters, central air conditioners, furnaces and heat pumps may display manufacturers’ energy efficiency test results on yellow EnergyGuide labels. The yellow EnergyGuide labels were developed to assist consumers in comparing the energy use ofdifferent models and may also note whether the appliance is ENERGY STAR® qualified. EnergyGuide labels may vary and are not available for all appliances. Seller's inclusion or offering of ENERGY STAR® qualified or labeled products or appliances with the Home shail not be construed as qualification or labeling of the entire Home as ENERGY STAR®. For more information on Energy Star®, visit the FTC's website at htto:/Avww.ftc.gov/appliances or htto:/Avwww.energystar.gov

Seller has not independently verified the content or accuracy of any information prepared by or for the EPA, Department of Energy ("DOE"), Federal Trade Commission ("FTC") or RESNETor prepared by any manufacturer or person under EPA, DOE, FTC or RESNET regulations, guidelines or standards and expressly disclaims responsibility for any representations or guarantees made by any governmental agency, RESNET, manufacturer or person. By signing the Purchase Agreement, Buyer acknowledges receipt of this Energy Wise Program Home Disclosure and the RESNET Home Energy Rating Standard Disclosure.

ENERGY WISE PROGRAM HOME DISCLOSURE

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@pTOAMERICAN RICHVIOND © HOMES

ADDENDUM TO PURCHASE AGREEMENT ACKNOWLEDGMENT AND ACCEPTANCE OF DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

BUYER: Ana Moriset SELLER: Richmond American Homesof Arizona, Inc. BUYER: BUYER:

PROPERTY: Lot 30, Block _N/A_, Subdivision GLADDEN FARMS BLOCK 30, Tract/Filing No. N/A City/Township Marana, County Pima, State AZ, Street Address 12623 N APPLING AV.

PLANS: Plan Name and Number Deacon/T772,Elevation ELVA.

SALES ASSOCIATE: Eva Tapia PURCHASE AGREEMENTDATE: 11/19/2021

This is an Addendum to and forms a part of the Purchase Agreement between Buyer and Seller which relates to the Property. If this Addendum conflicts with, varies from or modifies the Purchase Agreement, the terms, conditions, and provisions of this Addendum shall govern and control the rights and obligations of Buyer and Seller. In all other respects, the terms, conditions and provisions of the Purchase Agreement are republished and reaffirmed. Any capitalized terms in this Addendum shall have the meaning given in the Purchase Agreement unless otherwise provided in this Addendum.

Seller has provided Buyer with a copy of the applicable Declaration of Covenants, Conditions, Restrictions and Easements ("CC&Rs") for the Property.

For Buyer's protection, it is recommended that Buyer review the CC&Rsbeforesigning this Addendum.

BY SIGNING THIS ADDENDUM, BUYER ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THE CC&Rs FOR THE PROPERTY PROVIDED BY SELLER.

AGREEDonthis date: _November 19, 2021 BUYER(S): DocuSigned by: DocuSigned by:

fina, Moriset November 2 fe Tapia. November 19, 2021 199B1368761B481... A7EDEISSA4CASCH...

Ana Moriset Date Representative Date Sales Associate License Number(if applicable):

Date Seller: Richmond American Homes of Arizona, Inc., a Delaware Corporation

DocuSigned by: Date Staci Fourstur November 24, 2021 Authorized Representative Date

CCR Addendum

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Building and Financing tha Amaricon Droom.

M.D.C. Holdings, Inc. and Affiliates Privacy Policy and Notice Regarding Collection of Personal Information

Your Privacy fs a Priority for Us The confidentiality of your personal information ("Information"), as defined by applicable law, is important to M.D.C. Holdings, Inc. (MDC) and its affiliates. MDC's affiliates include the Richmond American Homes companies, HomeAmerican Mortgage Corporation, American Home Insurance Agency, Inc. (also known as AH Insurance Agency, Inc. or AHI Insurance Agency) and American Home Title and Escrow Company. Weare providing you with this privacy notice to help you understand what Information we collect, why we collect the Information, how we use the Information, and under what circumstances we may disclose the Information to our affiliates and third parties. This notice alsotells you how you can limit our disclosure of your Information.

Categories of Information We Collect and Purposes for Which WeUsethe Information As part of business operations, our sale of homes, and/orour providing offinancial products or services, we collect the following categories of Information: Identifiers such as your real name, alias, postal address, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers ("Identifiers"). e This Information enables us to confirm your identity in selling you a home, providing you with mortgage financing and insurance coverage, guarding against identity theft and cyber crimes, complying with legal and contractual requirements (such as federal anti-terrorism laws) and otherwise conducting our daily business operations. This Information also enables us to identify persons who log into and attend virtual meetings of MDC's shareholders. Other information that identifies, relates to, d