2024A-01733-CHC-ROC Notice of Hearing & Packet MAILED

2024A-01733-CHC-ROC · Registrar of Contractors · 2024-08-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alayna Kowaleski , Case No. 2024-01733

COMPLAINANT, Docket No. 2024A-01733-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Meritage Homes Construction Inc. License No. ROC 250960 & 166223

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

October 2, 2024 9:00 AM Amy Haley 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 June 3, 2024. 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(c) 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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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 August 19, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail August 19, 2024 to:

Respondent(s) Meritage Homes Construction Inc. 18655 N Claret Dr. Ste. 400 Scottsdale, AZ 85255

Respondent's Attorney Scott J. Shelley Esq. 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255 Complainant(s) Alayna Kowaleski 25331 N 144th Ln Surprise, AZ 85387

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. 2024-01733 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 February 15, 2024

Re: Complaint No. 2024-01733

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, March 4, 2024 at 10:00 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 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 John Chester <[email redacted]>

ROC Case 2024-01733 Inspection Notice messages

John Chester <[email redacted]> Thu, Feb 15, 2024 at 3:23 PM To: [email redacted]

Dear Complainant. Your complaint has been filed and a jobsite inspection has been scheduled. I would appreciate it if you would keep me informed of any changes prior to the inspection. You will need to be prepared to show/demonstrate each complaint item, and provide access to the area in question. Please see the attached jobsite inspection letter for the date, time, and inspection requirements. Please respond and acknowledge receipt of this email.

Thank you,

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St. Phx, AZ 85007 Phone # 480-645-1845 Fax # 602-542-3919 Email : [email redacted]

20240215 Jobsite Inspection Notice 2024-01733.pdf 215K

Alayna Kowaleski <[email redacted]> Thu, Feb 15, 2024 at 4:19 PM To: John Chester <[email redacted]>

John,

Confirming receipt and hereby acknowledge the inspection date and time. I will be prepared and present.

Thank you,

Alayna Kowaleski [Quoted text hidden] --

Alayna Kowaleski REALTOR® in Arizona/Nevada Top 2% Nationwide Agent Top 2% Arizona Agent Top 5% Nevada Agent AZ #SA689347000 NV #S.0192280 Alayna Kowaleski <[email redacted]> Fri, Mar 1, 2024 at 1:43 PM To: John Chester <[email redacted]>

John,

I had an urgent doctors appointment come up for Monday. Are you available to reschedule on Thursday?

On Thu, Feb 15, 2024 at 3:23 PM John Chester <[email redacted]> wrote: [Quoted text hidden] [Quoted text hidden]

John Chester <[email redacted]> Fri, Mar 1, 2024 at 1:55 PM To: Alayna Kowaleski <[email redacted]>

Thursday is available at 2pm [Quoted text hidden]

Alayna Kowaleski <[email redacted]> Fri, Mar 1, 2024 at 1:55 PM To: John Chester <[email redacted]>

I will take that time slot please. [Quoted text hidden]

John Chester <[email redacted]> Fri, Mar 1, 2024 at 1:56 PM To: Alayna Kowaleski <[email redacted]>

Confirmed, see you then. [Quoted text hidden]

Alayna Kowaleski <[email redacted]> Fri, Mar 1, 2024 at 1:56 PM To: John Chester <[email redacted]>

Great, thank you!! [Quoted text hidden] Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 March 1, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-01733

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for March 4, 2024 at 10:00am has been rescheduled for Thursday, March 7, 2024 at 2:00 PM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Complaint #2024-01733 P 1 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 2 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 3 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 4 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 5 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 6 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 7 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 8 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 9 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 10 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 11 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 12 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 13 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 14 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 15 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 16 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 17 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 18 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 19 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 20 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 21 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 22 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 23 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 24 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 25 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 26 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 27 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 28 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 29 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 30 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS Complaint #2024-01733 P 31 JSI date 3/7/2024 at 2:00 PM JSI PHOTOS John Chester <[email redacted]>

ROC # 2024- 01733 - Meritage Homes messages

Chavez, Eddie <[email redacted]> Thu, Mar 7, 2024 at 4:25 PM To: "[email redacted]" <[email redacted]>

Good Afternoon,

Attached are notes/report from plumber and landscapers as requested.

Plumbing notes Landscape notes Back yard landscape also installed by her landscapers who tapped into valves already in place, voiding any and all landscape warranty No record of block wall being damage at orientation

Sincerely,

Eddie Chavez

Customer Care Associate V

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255

Cell 602-370-9102

www.meritagehomes.com

This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution, or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer.

---------- Forwarded message ---------- From: Elba Flores <[email redacted]> To: "Blaire, April" <[email redacted]> Cc: Bcc: Date: Fri, 23 Feb 2024 22:29:47 +0000 Subject: RE: Scheduling Confirmation: Rancho Del Rey - 73

Good afternoon,

Yes, here are the notes:

2/15/24 fixed leak by backflow

Thank you!

Elba Flores l Customer Service Coordinator(West Valley)

Gothic Landscape Construction

T 602-470-1711 x3265

[email redacted] I www.gothiclandscape.com

2526 E Southern Ave. I Phoenix, AZ 85040 I 602-470-1711

**Please send New Work Orders and PO’s to PhxCustomerSvc@ gothiclandscape.com

From: Blaire, April <[email redacted]> Sent: Thursday, February 22, 2024 9:23 AM To: PhxCustomerSvc <[email redacted]> Subject: RE: Scheduling Confirmation: Rancho Del Rey - 73

Good Morning,

Do you have any notes from this visit on 02/15?

Thank you,

April Blaire – Customer Care Warranty Manager | O: 480.515.8074 | C: 623.326.2438 | www.meritagehomes.com

From: Elba Flores <[email redacted]> Sent: Wednesday, February 14, 2024 1:47 PM To: Blaire, April <[email redacted]> Subject: Scheduling Confirmation: Rancho Del Rey - 73 A Complete By appointment has been scheduled forThursday 2/15/2024 at 25331 N 144th Lane Surprise , AZ 85387. Elba Flores l Customer Service Coordinator(West Valley)Gothic Landscape ConstructionT 602-470-1711 [email redacted] I www.gothiclandscape.com2526 E So

A Complete By appointment has been scheduled for Thursday 2/15/2024 at 25331 N 144th Lane Surprise , AZ 85387.

Elba Flores l Customer Service Coordinator(West Valley)

Gothic Landscape Construction

T 602-470-1711 x3265

[email redacted] I www.gothiclandscape.com

2526 E Southern Ave. I Phoenix, AZ 85040 I 602-470-1711

**Please send New Work Orders and PO’s to PhxCustomerSvc@ gothiclandscape.com

attachments Rancho Del Rey 73.docx 455K RE: Scheduling Confirmation: Rancho Del Rey - 73.eml 59K

Chavez, Eddie <[email redacted]> Wed, Mar 13, 2024 at 3:11 PM To: "[email redacted]" <[email redacted]>

Good Afternoon,

Just got confirmation from Reliant Remediation that they will be going on 4/4 to check the laundry room for any moisture related issues from previous leak. This appt. is per homeowner, as Reliant was and is willing to go sooner.

[Quoted text hidden]

Good afternoon,

Yes, here are the notes:

2/15/24 fixed leak by backflow Thank you!

Elba Flores l Customer Service Coordinator(West Valley)

Gothic Landscape Construction

T 602-470-1711 x3265

[email redacted] I www.gothiclandscape.com

2526 E Southern Ave. I Phoenix, AZ 85040 I 602-470-1711

**Please send New Work Orders and PO’s to PhxCustomerSvc@ gothiclandscape.com

From: Blaire, April <[email redacted]> Sent: Thursday, February 22, 2024 9:23 AM To: PhxCustomerSvc <[email redacted]> Subject: RE: Scheduling Confirmation: Rancho Del Rey - 73

Good Morning,

Do you have any notes from this visit on 02/15?

Thank you,

April Blaire – Customer Care Warranty Manager | O: 480.515.8074 | C: 623.326.2438 | www.meritagehomes.com

From: Elba Flores <[email redacted]> Sent: Wednesday, February 14, 2024 1:47 PM To: Blaire, April <[email redacted]> Subject: Scheduling Confirmation: Rancho Del Rey - 73

A Complete By appointment has been scheduled forThursday 2/15/2024 at 25331 N 144th Lane Surprise , AZ 85387. Elba Flores l Customer Service Coordinator(West Valley)Gothic Landscape ConstructionT 602-470-1711 [email redacted] I www.gothiclandscape.com2526 E So

A Complete By appointment has been scheduled for Thursday 2/15/2024 at 25331 N 144th Lane Surprise , AZ 85387. Elba Flores l Customer Service Coordinator(West Valley)

Gothic Landscape Construction

T 602-470-1711 x3265

[email redacted] I www.gothiclandscape.com

2526 E Southern Ave. I Phoenix, AZ 85040 I 602-470-1711

**Please send New Work Orders and PO’s to PhxCustomerSvc@ gothiclandscape.com

attachments Rancho Del Rey 73.docx 455K RE: Scheduling Confirmation: Rancho Del Rey - 73.eml 59K

Chavez, Eddie <[email redacted]> Fri, Apr 5, 2024 at 8:46 AM To: "[email redacted]" <[email redacted]>

HVAC repairs attached

[Quoted text hidden]

attachments invoice.pdf 85K invoice.pdf 84K

Chavez, Eddie <[email redacted]> Fri, Apr 5, 2024 at 2:32 PM To: "[email redacted]" <[email redacted]>

Attached is final grade.

Please let me know if you need anything else.

[Quoted text hidden]

2308-PHR Drainage Lot 73.pdf 82K

John Chester <[email redacted]> Fri, Apr 5, 2024 at 2:55 PM To: "Chavez, Eddie" <[email redacted]> received, thank you [Quoted text hidden] Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 March 15, 2024

Re: Complaint No. 2024-01733

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-01733, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled Thursday, April 4th, 2024 at 12:00 PM. 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 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,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Addendum Inspection Items 2024-01733

Garage Door frame - Walls that were installed crooked. - permanent marker placed by the builder on cabinets to hide defects - HVAC rattles when it runs and the system is not calibrated correctly.. After the HVAC completely failed two months into living here, the first tech said that the builder did not install the unit correctly and never calibrated the system in the attic for the air to properly circulate to the front room sensor. This has not been fixed. - Water does not properly drain on the left side of the house. - Master bedroom windows also have problems opening and shutting. - The builder installed a microwave that was scratched upon installation. - Front door frame was not installed properly and there is light showing beneath the door. The builder attempted to fix this by raising the footer, but it did not fix the issue of the door sealing. - Builder installed a chipped countertop in the guest bathroom - Builder placed the toilet too close to the cabinets which is against code. - Paint missing on the stucco outside. - Brackets missing on outside panels. Complaint #2024-01733 P 1 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 2 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 3 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 4 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 5 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 6 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 7 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 8 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 9 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 10 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 11 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 12 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 13 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 14 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 15 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 16 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Complaint #2024-01733 P 17 AJSI date 4/4/2024 at 12:00 PM AJSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-01733 Investigator: Joey Chester Inspection Date: Thursday, March 7, 2024 Inspection Time: 2:00 PM

Complainant: Alayna Kowaleski Respondent: Meritage Homes Not Present: Construction Inc Not Present:

Jobsite General Notes: JSI occurred on Thursday March 7th 2024 at 2:00pm. An addendum inspection was requested during that first inspection which was scheduled for Thursday April 4th 2024 at 12:00pm. Both inspections included Homeowner Alayna Kowaleski and Eddie from Meritage Homes Construction. This report will include both inspections. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item 1: Water leak at the main line Investigator’s Observation: At the time of inspection the line had been repaired prior to the inspection. Governing Rule: N/A

Complaint Item 2: mold/remediation from leak in laundry room Investigator’s Observation: at the time of inspection the repair has not been finished, respondent will need to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 3: landscape leak Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated, however in the spirit of good customer relations respondent to verify that the leak has been fixed. Governing Rule: N/A

Complaint Item 4: warped cabinets Investigator’s Observation: At time of inspection there are warped cabinet doors, 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 5: stucco Investigator’s Observation: There are multiple areas of stucco that are showing lath or not painted, respondent will need to correct those by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 6: window repair Investigator’s Observation: windows throughout the house are hard to open and shut as well as paint on the outside frame on the front window, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 7: tile repair Investigator’s Observation: The tile in the living room has a haze on it, respondent will verify haze and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 8: paint repair Investigator’s Observation: at the time of inspection the inside window sills are cracking, respondent needs to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 9: plumbing issues - toilets Investigator’s Observation: the toilets have a gurgling sound after flushing Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 10: garage door issues Investigator’s Observation: trim around the garage door is peeling off paint also the garage door weather stripping is sticking to itself due to the paint that was used, Respondent will need to fix areas by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 11: damaged tile Investigator’s Observation: The tile in the master has drag marks from the plumbing, respondent will need to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item 12: damaged block wall Investigator’s Observation: At time of inspection there is a block tile that is broken, respondent will need to fix that by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 13: hvac hot water heater Investigator’s Observation: At the time of inspection no deficiency observed however respondent stated that they will make look over and replace or add any missing parts by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 14: door to garage frame Investigator’s Observation: At time of inspection there is no paint along with a chip out of the trim by the strike plate, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 15: walls were installed crooked in master bathroom Investigator’s Observation: the walls in the master bathroom are askew along with baseboards out of square, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 16: permanent marker placed by the builder on cabinets to hide defects Investigator’s Observation: At time of inspection there are marks on the cabinet doors that are not the color of the cabinet, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 17: HVAC rattles when it runs Investigator’s Observation: While the ac was running, verified a rattle sound coming from the return, respondent to locate noise and fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 18: waters does not properly drain on the left side of the house Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated. No action required by the Respondent. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item 19: master bedroom windows have problem opening and shutting Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 20: the builder installed the microwave that was scratched upon installation Investigator’s Observation: This is an issue with the appliance itself, not a workmanship issue with installation. The ROC has no jurisdiction over appliance manufacturers. Governing Rule: N/A

Complaint Item 21: front door frame was not installed properly and there is light showing beneath the door Investigator’s Observation: During inspection able to see light coming from bottom left side of door, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 22: builder installed a chipped countertop in the guest bathroom Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 23: builder placed the toilet to close to the cabinets which is against code. Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 24: paint missing on the stucco in the backyard Investigator’s Observation: The outside window sill in the backyard has overspray, respondent will need to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 25: brackets missing on outside panels Investigator’s Observation: During inspection there is line that is not connected to electrical box, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 9, 2024

License No. ROC 166223

Re:Complaint No. 2024-01733

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 Friday, May 3, 2024.

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 4: warped cabinets Investigator’s Observation: At time of inspection there are warped cabinet doors, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. 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 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 5: stucco Investigator’s Observation: There are multiple areas of stucco that are showing lath or not painted, respondent will need to correct those by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 11: damaged tile Investigator’s Observation: The tile in the master has drag marks from the plumbing, respondent will need to fix by appropriate means.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 19: master bedroom windows have problem opening and shutting Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 1: Water leak at the main line Investigator’s Observation: At the time of inspection the line had been repaired prior to the inspection. Governing Rule: N/A

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

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 John Chester <[email redacted]>

Alayna Kowaleski / Meritage Homes messages

Fife, Jennifer <[email redacted]> Thu, Apr 25, 2024 at 3:25 PM To: John Chester <[email redacted]> Cc: "Shelley, Scott" <[email redacted]>

Hello Mr. Chester:

Meritage is in receipt of the attached directive with a 5/3/24 compliance deadline. The cabinet company had to re-order two parts for this house and the material eta is 2-3 weeks out. We do still have additional repairs being performed today, 04/29 and 05/02. May we have an extension to allow time for the cabinet materials to come in and for the repairs to be performed?

Thank you,

Jennifer

Jennifer Fife

Litigation Paralegal

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255 O: 480.515.8043

www.meritagehomes.com

20240409 Written Directive 2024-01733.pdf 163K

John Chester <[email redacted]> Thu, Apr 25, 2024 at 3:31 PM To: "Fife, Jennifer" <[email redacted]>

Good afternoon Jennifer,

Can you send me the eta documentation for those cabinet parts just to verify? [Quoted text hidden] -- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

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

Fife, Jennifer <[email redacted]> Fri, Apr 26, 2024 at 7:34 AM To: John Chester <[email redacted]> Cc: "Shelley, Scott" <[email redacted]>

Good morning – Of course, please see attached and please let me know if you need anything else. Thanks, Jennifer

Jennifer Fife

Litigation Paralegal

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255 O: 480.515.8043

www.meritagehomes.com

From: John Chester <[email redacted]> Sent: Thursday, April 25, 2024 3:32 PM To: Fife, Jennifer <[email redacted]> Subject: Re: Alayna Kowaleski / Meritage Homes

Good afternoon Jennifer,Can you send me the eta documentation for those cabinet parts just to verify?On Thu, Apr 25, 2024 at 3:25 PM Fife, Jennifer <[email redacted]> wrote:Hello Mr. Chester: Meritage is in receipt of the attached directive with a 5/3/24 comp

Good afternoon Jennifer,

Can you send me the eta documentation for those cabinet parts just to verify? On Thu, Apr 25, 2024 at 3:25 PM Fife, Jennifer <[email redacted]> wrote:

Hello Mr. Chester:

Thank you,

Jennifer

Jennifer Fife

Litigation Paralegal

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255 O: 480.515.8043

www.meritagehomes.com

Joey Chester Investigator #226 Arizona Registrar of Contractors

1700 W. Washington St., Suite 105 Phoenix, AZ 85007

Phone: 480-645-1845 [Quoted text hidden]

---------- Forwarded message ---------- From: "Wright, Lexi" <[email redacted]> To: "Blaire, April" <[email redacted]> Cc: Bcc: Date: Thu, 25 Apr 2024 20:30:28 +0000 Subject: FW: Rancho Del Rey- ROC # 2024-01733 *Cabinets* - MEH RADR 0073 - PARTS ORDERED

Hello!

These parts are going to be delivered past the deadline, what would you normally do?

Thank you,

Alexi Wright – Customer Care Associate | C: 970.270.0827 | www.meritagehomes.com

From: Alyssa Romero <[email redacted]> Sent: Thursday, April 25, 2024 1:08 PM To: Chavez, Eddie <[email redacted]> Cc: Wright, Lexi <[email redacted]>; Customer Care - Cabinets <[email redacted]> Subject: RE: Rancho Del Rey- ROC # 2024-01733 *Cabinets* - MEH RADR 0073 - PARTS ORDERED

Eddie, I wanted to follow up from today’s service. My technician noted that we need to order a new door because W4836 had bowing on the door. Please see the new scope of work below: (1) - FMB36B @ SB36B - REPLACE FF AT SINK BASE (SPLIT FROM DISHWASHER INSTALLATION/SCREW)(1) - DOO

Eddie,

I wanted to follow up from today’s service.

My technician noted that we need to order a new door because W4836 had bowing on the door.

Please see the new scope of work below:

(1) - FMB36B @ SB36B - REPLACE FF AT SINK BASE (SPLIT FROM DISHWASHER INSTALLATION/SCREW)

(1) - DOOR @ W4836 - REPLACE WALL CAB DOOR (BOWED)

* 3 HINGES The frame for the sink base will arrive on 05/03, but the door won’t arrive for another 2-3 weeks. Once the door has been received by the warehouse, Kylee will reach out to get this on schedule.

Feel free to call/ email if you have any questions 😊

Thank You!!

Alyssa Romero

Cabinet Warranty Coordinator

Email: [email redacted]

Phone: 480.228.1426

8860 E Chaparral Rd, Suite 120 | Scottsdale, AZ 85250

www.encoreaz.com

From: Alyssa Romero Sent: Monday, April 15, 2024 2:52 PM To: 'Chavez, Eddie' <[email redacted]> Cc: Wright, Lexi <[email redacted]>; Customer Care - Cabinets <[email redacted]> Subject: RE: Rancho Del Rey- ROC # 2024-01733 *Cabinets* - MEH RADR 0073 - PARTS ORDERED

Eddie,

I have the face frame on order and have left a note on the ticket for 04/25.

If by any chance the face frame arrives before 04/25, we will add it to 04/25’s service.

Currently speaking, we will reach out to schedule the face frame installation once it’s been received by our warehouse (2-3 weeks).

Please let me know if you have any questions 😊

Thank You!! Alyssa Romero

Cabinet Warranty Coordinator

Email: [email redacted]

Phone: 480.228.1426

8860 E Chaparral Rd, Suite 120 | Scottsdale, AZ 85250

www.encoreaz.com

From: Chavez, Eddie <[email redacted]> Sent: Monday, April 15, 2024 2:35 PM To: Alyssa Romero <[email redacted]>; Customer Care - Cabinets <[email redacted]> Cc: Wright, Lexi <[email redacted]> Subject: RE: Rancho Del Rey- ROC # 2024-01733 *Cabinets* - MEH RADR 0073 - PO NEEDED

This message originated from outside your organization

Here you go. I will approve once it goes through. please order and Meritage will pay

Eddie Chavez

Customer Care Associate V

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255

Cell 602-370-9102

www.meritagehomes.com

From: Alyssa Romero <[email redacted]> Sent: Monday, April 15, 2024 1:41 PM To: Chavez, Eddie <[email redacted]> Cc: Customer Care - Cabinets <[email redacted]> Subject: RE: Rancho Del Rey- ROC # 2024-01733 *Cabinets* - MEH RADR 0073 - PO NEEDED

Hi Eddie, Please see the PO request attached above to replace the face frame for the sink base cabinet. Once the PO is received, we can push this order. Please let me know if you have any questions😊 Thank You! Alyssa Romero Cabinet Warranty Coordinator Email: a.romero@enc

Hi Eddie,

Please see the PO request attached above to replace the face frame for the sink base cabinet.

Once the PO is received, we can push this order.

Please let me know if you have any questions 😊

Thank You!

Alyssa Romero

Cabinet Warranty Coordinator

Email: [email redacted]

Phone: 480.228.1426

8860 E Chaparral Rd, Suite 120 | Scottsdale, AZ 85250

www.encoreaz.com From: Chavez, Eddie <[email redacted]> Sent: Thursday, April 11, 2024 4:14 PM To: Wendi Owen <[email redacted]> Cc: Wright, Lexi <[email redacted]> Subject: FW: Rancho Del Rey- ROC # 2024-01733 *Cabinets*

This message originated from outside your organization

Forgot to add this picture too. cabinet split just right of dishwasher.

Eddie Chavez

Customer Care Associate V

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255

Cell 602-370-9102

www.meritagehomes.com

From: Chavez, Eddie Sent: Thursday, April 11, 2024 3:56 PM To: Wendi Owen <[email redacted]> Cc: Wright, Lexi <[email redacted]> Subject: Rancho Del Rey- ROC # 2024-01733 *Cabinets*

4/25 PM – Please

Lexi will be the point of contact that week as I will be out of the office. Please include her on all emails.

Thanks Eddie Chavez

Customer Care Associate V

18655 North Claret Drive, Suite 400 | Scottsdale, AZ 85255

Cell 602-370-9102

www.meritagehomes.com

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FW: Rancho Del Rey- ROC # 2024-01733 *Cabinets* - MEH RADR 0073 - PARTS ORDERED.eml 468K Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

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

C012 12/23 Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

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

C012 12/23 May 7, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-01733

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Thursday, May 23rd, 2024 at 12:00 PM 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,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

C012 12/23 Complaint #2023-01733 P 1 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 2 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 3 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 4 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 5 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 6 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 7 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 8 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 9 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 10 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 11 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 12 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 13 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 14 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 15 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 16 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 17 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 18 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 19 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 20 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 21 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 22 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 23 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 24 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 25 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 26 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 27 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 28 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 29 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 30 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 31 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 32 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 33 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 34 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 35 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 36 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 37 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 38 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 39 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 40 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 41 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 42 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 43 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 44 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 45 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 46 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 47 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 48 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 49 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 50 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 51 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 52 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 53 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 54 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complaint #2023-01733 P 55 CJSI date 5/23/2024 at 12:00pm CJSI PHOTOS Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-01733 Investigator: Joey Chester Inspection Date: Thursday, May 23, 2024 Inspection Time: 12:00 PM

Compliance Jobsite General Notes: CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item 2: mold/remediation from leak in laundry room Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 4: warped cabinets Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 5: stucco Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 6: window repair Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 7: tile repair Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 8: paint repair Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 9: plumbing issues - toilets Investigator’s Observation: Complaint item meets minimum industry standards.

Complaint Item 10: garage door issues Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 11: damaged tile Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 12: damaged block wall Investigator’s Observation: Complaint item meets minimum industry standards.

Complaint Item 13: hvac hot water heater Investigator’s Observation: Complaint item meets minimum industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint Item 14: door to garage frame Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 15: walls were installed crooked in master bathroom Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 16: permanent marker placed by the builder on cabinets to hide defects Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 17: HVAC rattles when it runs Investigator’s Observation: Complaint item meets minimum industry standards.

Complaint Item 19: master bedroom windows have problem opening and shutting Investigator’s Observation: Complaint item meets minimum industry standards.

Complaint Item 21: front door frame was not installed properly and there is light showing beneath the door Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 22: builder installed a chipped countertop in the guest bathroom Investigator’s Observation: Complaint item meets minimum industry standards.

Complaint Item 23: builder placed the toilet to close to the cabinets which is against code. Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 24: paint missing on the stucco in the backyard Investigator’s Observation: During inspection, the complaint item was not yet completed.

Complaint Item 25: brackets missing on outside panels Investigator’s Observation: Complaint item meets minimum industry standards.

Note: 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,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alayna Kowaleski Case No. 2024-01733 COMPLAINANT, v. Meritage Homes Construction Inc CITATION License No. ROC 250960 & 166223,

RESPONDENT.

The Registrar issues this Citation to Meritage Homes Construction Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 17, 2024, 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 12, 2024, Alayna Kowaleski (“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(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge 2: A.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. 2024-01733. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 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

Registrar actually receives it.

Deadline for Filing a Written Answer: Respondent must file a written answer with the

Registrar no later than June 17, 2024.

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 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 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- 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

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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. Dated June 3, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 3, 2024 to:

Respondent Certified Mail No: [number redacted]

Meritage Homes Construction Inc 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255 Copy mailed by USPS First Class mail this same date to:

Meritage Homes Construction Inc 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255 Complainant Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387 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. 2024-01733 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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)

Alayna Kowaleski Mailing Address (Enter jobsite in Contract/Project section) City State Zip

25331 N 144th Lane Surprise Arizona 85387 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)

Meritage Homes Construction Inc ROC 166223 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

April Contract/Project Information Contract Date Contract Amount Amount Paid

December 23, 2022 $359,990.00 $359,990.00 Date Work Started Date Work Stopped Date Work Was Completed

October 1, 2022 February 12, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

March 13, 2023 Jobsite Street Address City State Zip

25331 N 144th Lane Surprise AZ 85387 Name of Construction Site Owner Construction Site Name (if applicable)

Alayna Kowaleski 73 Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 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 N/A 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)

Home Constuction completed in March 2023. Multiple major issues found upon move in and third party inspection. Builder will not comply and fix issues that are a detriment to my health ie. Mold and current water leaks. Every major system in this house has failed and Meritage refuses to fix the issues properly or at all. Allegations Listed on Complaint:

Water leak at the main line. Mold/remediation from leak in laundry room. Landscaping leak. Warped cabinets. Stucco

Window repair. Tile repair. Paint repair. Plumbing issues. Garage door issues. Damaged tile. Damaged block wall.

HVAC Hot water heater.

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

Alayna Kowaleski \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT (ARIZONA SINGLE-FAMILY HOME – MERITAGE HOMES PHOENIX – LIVE.NOW)

THIS NEW HOME PURCHASE AGREEMENT (this “Agreement”) is entered into by and between MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation (“Meritage”), and the undersigned buyer(s) (collectively, “Buyer”). This Agreement (including the attached schedules), together with any addenda to this Agreement that may at any time be executed by Buyer, all as and to the extent accepted and executed by Meritage in accordance with this Agreement, collectively, constitute the “Contract”. BUYER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT BUYER IS KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY LIMITING ITS RIGHTS AND REMEDIES TO THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE LIMITED WARRANTY SET FORTH IN SECTION 10 OF THIS AGREEMENT AND BUYER’S WAIVER OF THE RIGHT TO A JURY TRIAL AND AGREEMENT TO RESOLVE DISPUTES PURSUANT TO THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 12 OF THIS AGREEMENT, ALL REGARDLESS OF ANY OTHER RIGHTS OR REMEDIES OTHERWISE AVAILABLE AT LAW OR IN EQUITY. Buyer's Initials:

1. Purchase and Sale. Subject to and upon the terms and conditions of the Contract, Meritage agrees to sell and Buyer agrees to purchase the Lot identified below, together with a residential dwelling and any related improvements (collectively, the “Lot Improvements”) that have been constructed thereon or will be constructed thereon substantially in accordance with the home plan and elevation (the “Plan”) identified below. The Lot and the Lot Improvements, collectively, are referred to in the Contract as the “Home.”

Subdivision Lot Plan/Elevation Rancho Del Rey 45s LN 0073 Plan 1240-D - [number redacted]

Garage Exterior Paint Exterior Finish Roof Selection Left

Specific lot placement requests (NON-STANDARD LOTS ONLY):

ANTICIPATED HOME ADDRESS: 25331 N 144th Lane, Surprise, AZ 85387, based on currently available information and subject to change.

STANDARD SELECTIONS.

Option Quantity Extended Price Selected

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: \\ndsprdwusstr.file.core.windows.net\data\resources\lds\00DC0000000Pbr5MAC\a0dC000000BYpj4IAD\ DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Option Quantity Extended Price Selected $1,000.00

PURCHASE PRICE. The Purchase Price for the Property shall be the sum of the following:

Base Price $415,990.00 Lot/Unit Premium $6,000.00 Standard Selections Upgrade Charges $1,000.00 Customer Selections and Options Upgrade Charges $0.00 Builder Incentive $63,000.00 Total Purchase Price Credits $63,000.00 TOTAL PURCHASE PRICE $359,990.00

EARNEST MONEY DUE AT CONTRACT. $5,000.00

CLOSING CREDITS/INCENTIVES.

Preferred Lender Incentive (if applicable) $21,599.00

Other Closing Incentives (if applicable) 0

REASONS FOR/EXPLANATION OF CREDITS/INCENTIVES AND CHANGES FROM PREVIOUS SELECTION ORDER (if applicable):

CLOSING AGENT DESIGNATION. Buyer hereby designates the Closing Agent by initialing beside either “Preferred Closing Agent” or “Alternative Closing Agent” and providing the information related to such Closing Agent, as applicable:

 Preferred Closing Agent: Carefree Title Agency, Inc. Address: 8800 E Raintree Dr #165 Scottsdale, Arizona 85260 Contact: Kamala Green Phone #: (480) 385-6157

Buyer's Initials:Buyers' Initials: Buyer acknowledges that Buyer is not obligated to obtain closing services from Preferred Closing Agent and Buyer is solely responsible for selecting the Closing Agent so long as the selected Closing Agent is experienced in performing and qualified to perform the duties of Closing Agent under the Contract and has an office open during customary business hours in the same municipality as the Meritage office designated in the Contract  Alternate Closing Agent: Address: Contact: Phone #: Fax #: Email:

2. Escrow. The transaction contemplated by the Contract will be accommodated through an escrow (the “Escrow”) established with Closing Agent identified above. Buyer has the right (in Buyer’s sole discretion), at the time Buyer enters into this Agreement, to designate the title insurance company, title agency, law firm and/or attorney, as applicable, to act as the Closing Agent under the Contract so long as such entity is experienced in performing and qualified to perform the duties of Closing Agent under the Contract and such entity has an office open during customary business hours in the same municipality as the Meritage office designated at the end of this Agreement. If Buyer selects an “Alternative Closing Agent” (as identified above), Meritage shall have the right at any time to refuse to deal with such Alternative Closing Agent if, in Meritage’s sole and absolute discretion, the procedures and/or documents required by such Alternative Closing Agent are not satisfactory to Meritage, and in such event Meritage may cancel the Contract, whereupon any Earnest Money shall be returned to Buyer and neither party shall have any further rights, obligations, or liabilities under the Contract (except for those that specifically survive such cancellation). Following Buyer’s initial designation of the Closing Agent, Buyer cannot change the Closing Agent without Meritage’s prior written consent (which consent may be withheld by Meritage in its sole discretion). If Meritage does not provide such written consent, then: (i) Meritage is deemed to have disapproved Buyer’s attempted change of Closing Agent; and (ii) Buyer shall be deemed to be in default under the Contract and Meritage may immediately exercise all rights and remedies under the Contract. 3. Purchase Price. The Purchase Price will be paid by Buyer as follows: A. Earnest Money. Buyer will pay the Earnest Money shown in Section 1 above, in U.S. funds, directly to Meritage and will not be placed in a neutral escrow account. Buyer assumes the risk of losing the Earnest Money if Meritage is unable or unwilling to perform under the terms of the Contract. Meritage may receive certain financial benefits as a result of the Earnest Money being delivered directly to Meritage and Meritage will not have any obligation to share with Buyer, or account to Buyer for the value of, any such benefits. Notwithstanding the foregoing, if Buyer’s financing will consist of a VA loan (as and solely to the extent specified in any Financing Addendum executed by Buyer and Meritage in accordance with Section 4.B below), or if specifically provided otherwise in the Contract, the Earnest Money will be paid directly into Escrow rather than directly to Meritage. Neither acceptance nor deposit or negotiation of the Earnest Money by Meritage constitutes or guarantees acceptance of the Contract by Meritage, nor does it constitute a reservation or an option to purchase the Home. B. Balance. The balance of the Purchase Price will be paid by Buyer at “Closing” (as defined in Section 8 below) in immediately available U.S. funds. 4. Funding of Purchase Price. A. Cash Purchase. If Buyer intends to purchase the Home for all cash (rather than financing any portion of the Purchase Price), then concurrently with the execution of this Agreement Buyer will execute a separate written Cash Purchase Addendum (the “Cash Purchase Addendum”), which will govern certain terms and conditions regarding Buyer’s cash purchase. B. Financing. If Buyer intends to finance any portion of the Purchase Price, then concurrently with the execution of this Agreement Buyer will execute a separate written Financing Addendum (the “Financing Addendum”), which will govern certain terms and conditions regarding Buyer’s financing of any portion of the Purchase Price. C. Contingency. Buyer’s obligations under the Contract are not contingent upon any matter and/or event whatsoever unless Buyer executes and Meritage accepts: (i) a Financing Addendum, and/or (ii) a separate written Contingency Addendum (the “Contingency Addendum”), which Financing Addendum and/or Contingency Addendum will govern all terms, provisions, and conditions regarding such contingency. 5. Lot Improvements. A. Construction of Lot Improvements. All material and labor to construct the Lot Improvements will be supplied by trade contractors and/or suppliers selected by Meritage in its sole and absolute discretion. Meritage will endeavor to cause the Lot Improvements to be constructed in substantial conformance with the Plan. Nevertheless, due to the nature of construction, deviations and variations from the Plan may exist in the Home, including, without limitation: (i) substitution by Meritage of materials and equipment of substantially equal or better quality; (ii) minor style, lot orientation, and color changes; (iii) minor variances in square footage of the Home and in room and space dimensions, and in window, door, utility outlet, and other improvement locations; (iv) changes in the Plan as may be required by any governmental authority; and (v) value engineering and field changes. Renderings, floor plans, and other drawings shown in the sales office for the Community and in sales brochures and other advertising material may not be drawn to scale, and dimensions or square footage amounts reflected in any advertising material do not constitute a representation of the actual square footage or dimensions of the Home or the Lot. The Lot Improvements may contain unique characteristics, such as but not limited to: electronic transformers, catch basins, utility boxes, lines, and/or meters, wastewater pumps, and/or similar improvements, the location of which will be determined by Meritage in its sole discretion. Meritage may construct the Home with a floor plan that is the reverse of the model floor plan.

B. Completion of Construction. Construction schedules may be affected by processing delays and inspections of governmental authorities, weather conditions, the availability of materials and qualified trade contractors, and other factors outside of Meritage’s control and, therefore, Meritage does not and cannot guarantee a completion date and Meritage cannot be held responsible for estimated completion dates that Buyer may, at any time, receive from Meritage or any of its agents, employees, trade contractors, or suppliers. So long as Buyer has complied with all of Buyer’s obligations under the Contract, Meritage will make reasonable efforts to initiate construction of the Lot Improvements within thirty (30) days of the later to occur of: (i) the date on which Buyer supplies Meritage with evidence of Buyer’s “Loan Approval” (as defined in the Financing Addendum) and the satisfaction of any and all conditions and contingencies to which Buyer’s Loan Approval is subject, as applicable, as well as any other conditions and contingencies set forth in the Contract; and (ii) the date a building permit is obtained for the Lot Improvements; and Meritage thereafter will proceed with the construction of the Lot Improvements with reasonable diligence. Meritage agrees to complete construction of the Lot Improvements in the manner specified in the Contract by a date not later than two (2) years from the date Buyer signs this Agreement, subject, however, to delays caused by matters that are legally recognized as defenses to contract actions in the jurisdiction where the Lot Improvements are being constructed, including, but not limited to, delays caused by matters such as fire, flood, and labor or material shortages. Meritage shall have the right to make such changes to the Home and/or to make deviations from the Plan and in materials and locations as Meritage deems appropriate in order to construct the Home in accordance with applicable building codes, practices, and requirements. “Completion” of the Lot Improvements shall be deemed to occur upon the issuance of a certificate of occupancy (or other similar document customary in the market in which the Home is located indicating that the Lot Improvements are habitable and able to be occupied) with respect to the Lot Improvements by the applicable governmental authority in which the Home is located, or other applicable inspection customary in the market in which the Home is located, which certificate (or similar document or inspection), once issued, shall be deemed to confirm that the Lot Improvements are completed and built in substantial conformance with the Plan and applicable codes. Upon Completion of the Lot Improvements, Buyer’s refusal to accept the Lot Improvements as constructed shall constitute a material default by Buyer under the Contract, even if Punch List items remain in accordance with Section 6 below. By acquiring title to the Home at Closing, Buyer shall be deemed to have accepted the Home as constructed and subject to all changes and deviations that may exist from the Plan, and to have waived any and all rights and claims against Meritage with respect to any such changes and deviations, except to the extent such changes and deviations are conclusively determined to cause structural deficiencies in the Home. C. Home Placement. The Lot Improvements will be situated on the Lot by Meritage (in its sole discretion) depending on setbacks, easements, other restrictions, requirements of governmental authorities, physical conditions on or adjacent to the Lot, and normal construction practices. In the event that the Lot Improvements will not fit on the Lot or are otherwise not allowed, Meritage will notify Buyer, whereupon: (i) the Contract shall be terminated and all Earnest Money returned to Buyer, in which event the parties will be released from all further liability or obligation under the Contract; or (ii) if Buyer has satisfied any contingency set forth in the Contract and is not then in default under the Contract, Buyer may choose another type of home for such Lot and execute an amendment with respect thereto at the then current prices for such type of home; or (iii) if Buyer has satisfied any financing or other contingency and is not then in default under the Contract, Buyer may choose another lot and execute a new agreement for the purchase thereof and a residence thereon at the then current prices for such lot and home, in which case Buyer’s Earnest Money will be applied to the new lot. Elevation heights of the yards and floor of the Home and that of adjoining lots may vary, and elevation differences from one lot to the next within the Community can cause yard wall heights to change. Neither Meritage nor any of its agents, representatives, or employees is authorized to make any representation to Buyer about the boundaries of the Lot, setbacks affecting the Home, or drainage and/or utility easements and other matters of record, if any, that affect the Home. D. No Buyer Access to / Work on Home Prior to Closing. Due to insurance requirements and for Buyer's safety, Buyer and Buyer’s agents and guests shall not enter upon the Lot prior to Closing unless accompanied by one of Meritage’s sales associates for the Community, and any unauthorized entry upon the Lot shall constitute trespass. In addition, Buyer shall not, prior to Closing: (i) cause any personal property to be placed on or in the Lot or Home, and/or (ii) provide materials, trade contractors, or supplies to or for the Home, or work on or make modifications to the Home or install any landscaping on the Lot. Buyer shall not interfere with the construction of the Lot Improvements or otherwise prevent, deter, or hinder Meritage, its employees, agents, and subcontractors, from performing any obligation under the Contract. Buyer further agrees not to interfere with any workers otherwise in the Community, and not to enter onto any other lot or other property of Meritage in the Community. To the extent that Meritage permits Buyer on the Lot prior to Closing, Buyer shall comply with all applicable laws and standards that may require anyone on a construction site to wear protective clothing and safety devices, including, but not limited to, hard hats and safety glasses. Buyer assumes the risk of injury and loss that may result from any entry on the Lot by any of Buyer and Buyer’s agents, guests, and invitees, and Meritage shall have no responsibility or liability for any injury or loss resulting from or occurring during any entrance by any of Buyer and Buyer’s agents, guests, or invitees onto any construction area within the Community, including the Home. Furthermore, the Warranty on any part of the Home affected in any way by any such entrance and/or from any work and/or modifications to the Home by or on behalf of Buyer prior to Closing shall be deemed void, and Buyer shall indemnify and hold Meritage harmless for, from, and against any and all loss, damages, claims, demands, obligations, costs, liability, or responsibility, including, without limitation, all attorneys’ fees and costs incurred by Meritage (collectively, “Claims”) resulting in any way from any such entrance or from any work and/or modifications to the Home by

or on behalf of Buyer prior to Closing. Buyer’s obligations in the preceding sentence will survive the termination of the Contract and/or the Closing. Any communication by or on behalf of Buyer regarding construction of the Lot Improvements must be made solely through Meritage’s sales associate for the Community, and Buyer shall not make any direct contact with any workers, suppliers, superintendents, contractors, or subcontractors of Meritage, or any of their respective employees. Any violation of any of the restrictions set forth in this Section by Buyer will constitute a material default under the Contract. E. Home Buyer Disclosures. Buyer’s execution of this Agreement evidences Buyer’s understanding of and agreement to the disclosures and acknowledgments set forth in Schedule 3 to this Agreement and the Community Disclosure Addendum to this Agreement, and Buyer hereby waives any rights or remedies Buyer may otherwise have now or in the future against Meritage with respect to such matters. 6. New Home Orientation. Between the substantial completion of the Home and the Closing, Meritage will perform a Buyer orientation and inspection of the Home, at which time Meritage will review and demonstrate the features and operations of the Home (the “New Home Orientation”). Meritage will use reasonable efforts to provide Buyer with at least seven (7) days’ notice of the New Home Orientation. If, at any time, Buyer elects to designate an individual to act as Buyer’s representative and agent (Buyer’s “Designated Representative”) in connection with the New Home Orientation, Buyer and Meritage will execute a separate written Designated Representative Addendum (the “Designated Representative Addendum”). Only Buyer or Buyer’s Designated Representative may attend the New Home Orientation. If, during the New Home Orientation, any deficiencies or incomplete work or items are noted in the Home, then Buyer (or Buyer’s Designated Representative) and Meritage may compile a written punch list on the Homeowner Orientation / Delivery Form of any and all such deficiencies and incomplete work and items (the “Punch List”). Meritage shall have no responsibility or liability to make any repairs or replacements resulting from damage to the Home caused by any of Buyer and Buyer’s movers, employees, representatives, invitees, contractors, designees, or any other occupants of the Home, and any damages or defects not specifically identified on the Punch List prior to Closing shall be conclusively deemed to have been caused by Buyer. So long as Completion of the Lot Improvements has occurred, any claims by Buyer regarding deficiencies and incomplete work and items in the Home (except to the extent of deviations from the Plan that are conclusively determined to cause structural deficiencies in the Home) shall not entitle Buyer to cancel the Contract, delay the Closing, withhold funds at Closing, or seek any other recourse against Meritage. Further, if the parties are unable to schedule the New Home Orientation prior to the date specified by Meritage for Closing, Buyer must nonetheless proceed with Closing, and in any such event Buyer shall not be entitled to cancel the Contract, delay the Closing, withhold funds at Closing, or seek any other recourse against Meritage due to the failure or inability to conduct a New Home Orientation prior to Closing. If Buyer or Buyer’s Designated Representative (if applicable) fails to attend a scheduled New Home Orientation, Meritage may conduct the inspection itself and prepare a Punch List, which shall be deemed conclusive and binding on Buyer, and Meritage shall have no obligation to demonstrate the features and operation of the Home to Buyer. 7. Utilities. Buyer shall arrange at Buyer’s own expense for utilities for the Home to be activated and placed in Buyer’s name immediately following the Closing, and any delays incurred in scheduling such utilities to be activated and placed in Buyer’s name shall not permit Buyer to delay the Closing. Notwithstanding the foregoing, Meritage may, but shall have no obligation to, activate the utilities for the Home on Buyer’s behalf. In such event, Meritage will subsequently have no obligation or liability to maintain or pay for such utilities once they have been activated. 8. Closing. The closing of this transaction (the “Closing”) shall occur following Completion of the Lot Improvements on a date to be specified in a notice of the date, time, and place for the Closing provided by Meritage to Buyer (“Closing Date Notification”), which Closing Date Notification shall be provided at least ten (10) calendar days prior to the date Meritage designates as the date for Closing. Under no circumstances will Meritage be responsible for temporary housing, furniture storage, moving expenses, or other costs, fees, or expenses related in any way to the timing of the Completion of the Lot Improvements, the New Home Orientation, and/or the Closing, nor may Buyer store any items of personal property in the Home prior to Closing. In the event Closing Agent is closed for business on the day specified for Closing, the Closing shall occur on the next day Closing Agent is open for business. If Buyer cannot or elects not to be present for Closing, Buyer must, prior to the date specified by Meritage for the Closing, execute all documents and instruments and make all payments as are necessary to facilitate the timely occurrence of the Closing. Buyer shall pay all title, recording, closing, and escrow fees, costs, premiums, and charges relating to this transaction and any fees, costs, and charges related to any financing obtained by Buyer for this transaction. All taxes, special assessments, and regular assessments affecting the Home shall be prorated as of the Closing on a calendar year basis (other than fees related to the transfer of the Home, which are to be paid by Buyer at Closing). The proration shall be based on the latest available information and shall be final, without adjustment post-Closing. At or before the Closing, Buyer shall deposit with Closing Agent or Meritage: (i) the balance of the Purchase Price due and payable to Meritage; (ii) an amount equal to all closing costs and additional costs or expenses payable by Buyer pursuant to the Contract, any assessments in connection with the transfer of the Home to Buyer, and any other amounts due and payable to any homeowners’, condominium, or similar association as required pursuant to any recorded declarations, covenants, conditions, and/or restrictions affecting the Home; and (iii) all documents and instruments necessary to effectuate the transaction contemplated in the Contract. All amounts payable by Buyer at Closing shall be paid by electronic transfer or other form of immediately available funds from a licensed bank or other financial institution acceptable to Meritage and Closing Agent. Possession of the Home shall be given to Buyer only after Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: \\ndsprdwusstr.file.core.windows.net\data\resources\lds\00DC0000000Pbr5MAC\a0dC000000BYpj4IAD\ DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Closing occurs. The Closing shall be deemed to have occurred once Meritage has received all monies due it under the Contract. Buyer will receive keys to the Home once the Closing is complete. 9. Title and Conveyance. Title to the Home shall be conveyed by Meritage to Buyer at Closing by special warranty deed, free and clear of liens, encumbrances, and exceptions except: (i) any declarations, covenants, conditions, and/or restrictions affecting the Home; (ii) any existing easements and rights-of-way; (iii) taxes and assessments that are not delinquent; (iv) matters shown on the plat for the Community; (v) matters that a survey would show; (vi) all applicable zoning and building code requirements and any other governmental and quasi-governmental requirements; (vii) any outstanding mineral or royalty interests; (viii) any matters of record that do not materially and adversely affect the marketability of the Lot; (ix) any matters disclosed in any portion of the Contract or otherwise in connection with the Contract; and (x) any other matters set forth in any title insurance commitment or title report or opinion obtained by Buyer. Buyer acknowledges that Meritage may not yet own the Lot as of the Agreement Date. If Meritage, through no fault of its own, is unable to obtain title to the Lot or deliver marketable title to the Lot to Buyer as of the date scheduled for Closing, Meritage shall have the right to cancel the Contract, whereupon the Earnest Money shall be returned to Buyer and the parties shall have no further rights, obligations, liabilities, or remedies under the Contract (except for those that specifically survive such cancellation). 10. Meritage’s Limited Warranty. A. Meritage’s Warranty Agreement. At the Closing, Meritage shall provide Buyer with the Meritage Homes New Home Warranty & Protection Plan, which shall constitute the only warranty to be provided by Meritage to Buyer with respect to the Home (the “Warranty”). The Warranty is set forth in the Warranty Information section of Meritage’s homeowner’s manual available at www.mymeritage.com effective as of the date of Closing (the “Warranty Agreement”), which is incorporated in this Agreement by this reference and which shall constitute a part of the Contract. Buyer acknowledges having received and reviewed a sample of the Warranty Agreement. Buyer shall refer solely to the Warranty Agreement for all terms, conditions, rights, remedies, and other provisions of the Warranty, and the only rights and remedies Buyer and any successor owner of the Home shall have with respect to any actual or alleged construction defects in the Home shall be those specifically set forth in the Warranty Agreement, and Buyer shall have the sole affirmative obligation to notify any prospective purchaser thereof. The Warranty Agreement applicable to Buyer shall be the Warranty Agreement as set forth and in effect at the Closing, notwithstanding any subsequent modifications that Meritage may make to the Meritage Homes New Home Warranty & Protection Plan generally and/or for other purchasers of homes from Meritage. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS SPECIFICALLY SET FORTH IN THE CONTRACT, MERITAGE HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS, AND BUYER HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, AND/OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING, AND/OR WITH RESPECT TO THE HOME. SUBJECT TO THE FOREGOING, NO EXPRESS WARRANTY IS MADE BY: (A) ANY AFFIRMATION OF FACT OR PROMISE THAT THE HOME OR ANY RIGHT OR USE RELATED THERETO WILL CONFORM TO THE AFFIRMATION OF FACT OR PROMISE MADE; (B) THE DISPLAY OF ANY MODEL OR THE DEPICTION OF ANY PHYSICAL CHARACTERISTICS OF THE LOT IMPROVEMENTS OR THE COMMUNITY, INCLUDING THE PLAN OR ANY OTHER PLANS OR SPECIFICATIONS; (C) ANY DESCRIPTION OF THE REAL ESTATE COMPRISING OR CONTEMPLATED TO COMPRISE THE COMMUNITY OR OF THE UNITS OR AMENITIES CONTEMPLATED TO BE A PART OF THE COMMUNITY, INCLUDING PLOTS, PLATS, OR SURVEYS; AND (D) ANY REPRESENTATION MADE BY ANY AGENT OF MERITAGE THAT BUYER MAY PUT ANY OF THE HOME TO A SPECIFIED USE, OTHER THAN RESIDENTIAL. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND/OR WORKMANSHIP) ARE HEREBY DISCLAIMED AND EXCLUDED BY MERITAGE, AND EXPRESSLY WAIVED BY BUYER. BUYER EXPRESSLY ACKNOWLEDGES THAT THE WARRANTY PROVIDED TO BUYER AT CLOSING WILL IN NO EVENT EXTEND TO ANY CONSUMER PRODUCT, APPLIANCE, AIR CONDITIONING UNIT, FURNACE, WATER HEATER, SOLAR SYSTEM, ELECTRONIC DEVICES OR OTHER EQUIPMENT INCLUDED IN THE HOME (“CONSUMER PRODUCT”) IF A WARRANTY IS OR HAS AT ANY TIME BEEN PROVIDED BY THE MANUFACTURER OF THE CONSUMER PRODUCT. BUYER FURTHER WAIVES ANY RIGHT TO RECOVER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES SUFFERED AS A RESULT OF ANY DEFECTIVE MATERIALS OR WORKMANSHIP (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BUYER ACKNOWLEDGES THAT THIS SECTION CONSTITUTES AN INTEGRAL PART OF THE BASIS OF THE BARGAIN BETWEEN BUYER AND MERITAGE SET FORTH IN THE CONTRACT AND A MATERIAL CONSIDERATION FOR MERITAGE ACCEPTING THE CONTRACT, AND MERITAGE WOULD NOT HAVE ACCEPTED THE CONTRACT AND AGREED TO SELL THE HOME TO BUYER WITHOUT THE LIMITATIONS AND PROVISIONS PROVIDED IN THIS SECTION.

Buyer's Initials:

B. FHA/VA/USDA Financed Purchases. Notwithstanding the foregoing regarding the Warranty being the only warranty with respect to the Home, in the event that Buyer actually finances the purchase of the Home with FHA Financing, VA Financing, or USDA Financing, Buyer also will be provided with a warranty intended to satisfy the warranty requirements specified by such agency (the “Additional Warranty”). Although Buyer will have the right to request warranty performance under the Additional Warranty, in addition to the Warranty, Buyer may not collect twice for the same issue, and amounts paid or expended for warranty performance under either the Additional Warranty or the Warranty will reduce the limit of liability remaining under both warranties. To the greatest extent allowed under applicable law, all disclaimers, limitations of liability, and waivers contained in the Contract and/or the Warranty also shall be applicable to the Additional Warranty, and Buyer will be required to comply with all terms and conditions to obtaining warranty performance specified in the Contract and/or the Warranty in obtaining warranty performance under the Additional Warranty. Accordingly, in the event that Buyer believes that ANY warranty service is needed, Buyer needs to follow the procedures for obtaining warranty service set forth in the Warranty Agreement in order to prevent delays in obtaining warranty service or other warranty service issues. C. Termites. The Warranty does not cover termite treatment or damage. At Closing, Meritage will deliver to Buyer a certificate from the pest control company that applied the termite treatment for the Home. Current governmental regulations limit the types and concentrations of chemicals and methods of application that can be used in attempting to prevent or eradicate termites and, consequently, termites may appear following Closing. If, within the time period specified in the certificate from the applicable pest control company, Buyer notifies the pest control company that any areas of the Home have become infested with termites, the pest control company will be obligated to re-treat such areas of the Home. In no event will Meritage have any liability to Buyer or any occupants of the Home, for any losses, costs, damages, and expenses arising in connection with the existence of termites in or around the Home. 11. State Specific Provisions. A. Notice and Right to Repair. A.R.S. Sections 12-1361 through 12-1366, inclusive, as the same may be amended, and any successor statute(s), may require that Buyer provide Meritage with a notice and opportunity to repair certain alleged construction defects or deficiencies prior to Buyer making any claim or commencing any proceeding with respect to such alleged construction defects or deficiencies. Meritage hereby reserves all of its rights under such statutes. B. Buyer’s Right To File Complaint. BUYER ACKNOWLEDGES THAT, NOTWITHSTANDING SECTIONS 10 AND 13 PERTAINING TO THE WARRANTY AND RESOLUTION OF POST-CLOSING DISPUTES, RESPECTIVELY, UNDER ARIZONA REVISED STATUTES SECTION 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 (2) YEARS OF THE COMMISSION OF AN ACT IN VIOLATION OF ARIZONA REVISED STATUTES SECTION 32-1154, SUBSECTION A. Buyer's Initials: C. Title Insurance. Buyer acknowledges that Meritage has not, directly or indirectly, required Buyer to purchase either an owner’s or lender’s title insurance policy from any particular insurer or agency, or at all, as a condition of the Contract. In the event that Buyer desires to obtain title insurance with respect to the Lot or otherwise to review matters affecting title to the Lot, then as soon as possible after the Agreement Date, Buyer shall cause the title insurer to provide to Buyer a commitment for a title insurance policy, and to deliver a copy thereof to Meritage. Buyer shall be deemed to have approved such title commitment (and, if Buyer elects to acquire a title policy, to agree to accept at or after Closing a title policy consistent with that commitment, and subject to the matters identified as exceptions therein and matters described in Section 9 above). D. Brokerage Disclosure. Buyer acknowledges that Meritage may be a licensed Arizona real estate broker and/or may employ licensed Arizona real estate broker(s) and/or agent(s), none of whom represents Buyer. Meritage will only pay a co-brokerage fee or commission to a licensed Arizona broker that represents Buyer from the inception of Buyer’s dealings with Meritage (the “Buyer’s Broker”), and only if such Buyer’s Broker is identified as the Buyer’s Broker below Buyer’s signature on this Agreement and in the separate written Broker Registration and Commission Addendum required to be executed and delivered by Buyer’s Broker to Meritage concurrently with the execution of this Agreement. If no such Buyer’s Broker is identified and/or no such Broker Registration and Commission Addendum is accepted and executed by Meritage in the same manner specified for acceptance and execution of this Agreement, Meritage shall have no responsibility or liability to pay any co-brokerage fee in connection with the Contract and/or Buyer’s purchase of the Home. Buyer represents and warrants to Meritage that Buyer has not dealt with any agents, brokers, salespersons, finders, or other persons in connection with the Contract and/or Buyer’s purchase of the Home except as expressly disclosed as the Buyer’s Broker below Buyer’s signature on this Agreement and in the Broker Registration and Commission Addendum, if applicable, and Buyer

shall indemnify and hold Meritage harmless for, from, and against any and all Claims resulting in any way from any breach of such representation by Buyer, which obligations will survive the termination of the Contract and/or the Closing. E. Conditional Sales. Notwithstanding any other provision of the Contract, if Meritage initially agrees to sell the Home to Buyer pursuant to a conditional sales exemption obtained in accordance with A.R.R. R4-28-B1202 (a “Conditional Sale”), then the Earnest Money paid by Buyer will initially be paid directly into an escrow established with Closing Agent, rather than to Meritage; provided, however, that if Buyer affirms its decision to acquire the Home pursuant to the Contract following Buyer’s receipt of the Public Report for the Community, then the Earnest Money already paid by Buyer will be transferred to Meritage by Closing Agent immediately upon such affirmation and any and all Additional Deposits and other deposits of Earnest Money will thereafter be paid by Buyer directly to Meritage outside of Escrow in accordance with the Contract. F. Meritage’s Engagement of Contractor to Construct Lot Improvements. Pursuant to an agreement between Meritage and Meritage Homes Construction, Inc. (“Contractor”), which is an affiliate of Meritage and which holds Arizona Residential Contractor’s License ROC No. 166223, the Lot Improvements have been or will be constructed by Contractor, and Contractor has hired or will hire trade contractors of its choice to construct the Lot Improvements. Consequently, notwithstanding anything in the Contract to the contrary, wherever throughout the Contract references are made to the construction of the Lot Improvements, including without limitation provisions governing remedies, procedures, and indemnities relating thereto (including, but not limited to, Sections 5, 10, and 11 of this Agreement), such provisions shall be deemed to refer to and include “Contractor” or “Meritage and/or Contractor,” as appropriate in the context of each such provision. G. Megan’s Law Disclosure. Meritage discloses as follows: Notice: Pursuant to applicable law, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Arizona Department of Public Safety at http://www.azsexoffender.com. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP code in which the offender resides. Meritage has not and will not check for any offenders in this area. Should you wish to check for offenders in the area in or around the Home that is of concern to you, please refer to the Internet Web site identified in the preceding paragraph. 12. Disputes and Remedies. A. Meritage’s Right to Cancel if Pre-Closing Dispute Arises. Notwithstanding any provision contained in the Contract, if, prior to the Closing, ANY dispute (whether or not Buyer is in default under the Contract) arises between Meritage and Buyer with respect to the Home or the Contract, and Meritage, in its sole and absolute discretion, determines that such pre-Closing dispute is unable to be resolved on terms acceptable to Meritage and Buyer, then in addition to any other rights and remedies available to Meritage under the Contract, Meritage shall have the unilateral right to elect to cancel the Contract by providing written notice thereof to Buyer and Closing Agent, in which event all Earnest Money shall be returned to Buyer and the parties shall have no further rights or obligations under the Contract (except for those that specifically survive such cancellation). Prior to the Closing, Buyer’s rights under the Contract are executory only and may be cancelled by Meritage in accordance with this Section. B. Meritage’s Remedies for Pre-Closing Default. In the event Buyer fails to fully and timely comply with any term or provision of the Contract prior to the Closing, or if Buyer advises Meritage in writing or orally that Buyer does not intend to or will not fully perform any provision of the Contract prior to the Closing, Meritage shall have the right to cancel the Contract and retain, as liquidated damages and not as a penalty, an amount equal to the sum of the Earnest Money and all other deposits and payments of any kind paid by Buyer. Buyer hereby acknowledges that because Meritage has taken the Lot off the market for Buyer, spent money on sales, advertising, promotion, and construction, and has incurred other costs incident to the sale contemplated by the Contract, any default by Buyer will damage Meritage. Buyer further acknowledges and agrees that the amount of the damages suffered or incurred by Meritage as a result of a pre-Closing default by Buyer under the Contract would be extremely difficult and/or impractical to ascertain, and that the liquidated damage amount described above constitutes a reasonable estimate of such damages. Such liquidated damages are in addition to, and shall not limit any obligation of Buyer in the Contract to, indemnify and/or hold Meritage harmless, and/or any other obligation of Buyer that survives the cancellation of the Contract. In addition, in the event Buyer fails to timely perform Buyer’s obligations at Closing and Meritage does not cancel the Contract as a result thereof, Meritage shall have the right to charge Buyer a late fee in an amount equal to the greater of: (A) interest on the unpaid portion of the Purchase Price at the rate of fifteen percent (15%) per annum; or (B) two hundred fifty dollars ($250.00) for each calendar day from the date of the scheduled Closing until the date Buyer fully performs Buyer’s obligations under the Contract; but in either case, not more than the maximum amount permitted under applicable law. Such late fee shall be an additional cost payable by Buyer at Closing and shall be in addition to Meritage’s other rights and remedies under the Contract. Such late fee shall not be applicable where prohibited by applicable federal or state laws or regulations.

C. Buyer’s Remedies for Pre-Closing Default. SUBJECT TO MERITAGE'S RIGHTS PURSUANT TO SECTION 12.A ABOVE, IF MERITAGE FAILS TO SUBSTANTIALLY COMPLY WITH THE TERMS AND CONDITIONS OF THE CONTRACT PRIOR TO THE CLOSING, BUYER SHALL DELIVER TO CLOSING AGENT AND MERITAGE A WRITTEN NOTICE DETAILING THE PRE-CLOSING DEFAULT OF MERITAGE. MERITAGE SHALL HAVE TWENTY (20) DAYS FROM THE RECEIPT OF SUCH NOTICE IN WHICH TO REMEDY THE PRE-CLOSING DEFAULT, EXCEPT THAT IF THE REQUIRED PERFORMANCE CANNOT REASONABLY BE COMPLETED BY MERITAGE WITHIN SUCH 20-DAY PERIOD, THEN MERITAGE SHALL HAVE A REASONABLE PERIOD OF TIME WITHIN WHICH TO REMEDY THE PRE-CLOSING DEFAULT. IF MERITAGE DOES NOT REMEDY THE PRE-CLOSING DEFAULT WITHIN THE TIME PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE, BUYER, AS BUYER’S SOLE AND EXCLUSIVE REMEDY, MAY EITHER: (I) CANCEL THE CONTRACT AND RECEIVE A REFUND OF THE EARNEST MONEY; OR (II) PURSUE SPECIFIC PERFORMANCE OF THE CONTRACT, AND BUYER HEREBY EXPRESSLY WAIVES ANY OTHER RIGHTS AND REMEDIES BUYER MAY HAVE AT LAW OR IN EQUITY WITH RESPECT TO SUCH DEFAULT. BUYER ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ONLY APPLY TO PRE- CLOSING DISPUTES/DEFAULTS BETWEEN THE PARTIES AND, THEREFORE, SUCH PROVISIONS ARE NOT AND WILL NOT BE APPLICABLE TO ANY ALLEGED CONSTRUCTION DEFECTS OR DEFICIENCIES WITH RESPECT TO THE HOME OR ANY DISPUTE OR CLAIM RELATED TO THE WARRANTY OR THE WARRANTY AGREEMENT (AND/OR THE ADDITIONAL WARRANTY, AS APPLICABLE), OR ANY OTHER DISPUTE OR CLAIM ARISING AFTER CLOSING. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BUYER HEREBY WAIVES THE RIGHT TO PURSUE AN ACTION AGAINST MERITAGE FOR ANY MONETARY DAMAGES OF ANY NATURE FOR ANY PRE-CLOSING DEFAULT, INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES. Buyer's Initials: D. Meritage’s Right to Repair. Meritage expressly reserves all rights to notice and an opportunity to repair any alleged defect(s) with the Home under the Warranty Agreement. Accordingly, as an absolute prerequisite to Buyer commencing any claim against Meritage with respect to any alleged construction defects or deficiencies with respect to the Home, Buyer must first provide Meritage with timely notice and a right to repair any alleged defect(s) in accordance with the Warranty Agreement. E. Meritage’s Repurchase Right After Closing. In the event that Buyer initiates any claim or action against Meritage with respect to the Home following the Closing, and the alleged damages or cost to remedy the alleged defect, deficiency or default would exceed ten percent (10%) of the Purchase Price of the Home, Meritage shall have the right and option (but not the obligation), in Meritage’s sole discretion, to repurchase the Home from Buyer for an amount equal to the sum of the following less any amounts that may have been paid to Buyer under the Warranty or any other homeowner’s warranty in connection with the alleged damages, defect, deficiency or default: (a) the Purchase Price; (b) the value of any documented improvements made to the Home by third party contractors or decorators after the Closing that add ascertainable value to the Home; (c) Buyer’s reasonable moving costs; and (d) any customary closing costs paid by Buyer in connection with the purchase of another comparable home within 90 days after the closing of the repurchase of the Home pursuant to this Section. The close of escrow for such repurchase transaction shall occur within 45 days of the date Meritage provides Buyer with written notice of Meritage’s intent to exercise such repurchase rights. Title to the Home shall be reconveyed to Meritage free and clear of all monetary liens and encumbrances, and subject only to such other non-financial title matters as existed on the date of the Closing of Buyer’s purchase of the Home from Meritage. All closing costs related to the repurchase of the Home by Meritage shall be paid by Meritage. The exercise by Meritage of the repurchase rights provided in this Section shall, to the fullest extent permitted under applicable law, constitute the full and final satisfaction of all claims and actions relating in any way to the Home, including, without limitation, claims relating to any actual or alleged defects and any other claims under the Contract and/or the Warranty Agreement. In the event of such repurchase of the Home by Meritage, Buyer shall promptly execute and deliver any notice of dismissal and/or other documents that may be necessary or appropriate to confirm or evidence such satisfaction. F. Waiver of Subrogation. From and after Closing, Buyer shall secure and maintain insurance covering risk of loss and damage to the Home. Each of Buyer and Meritage hereby releases the other from any claims with respect to any casualty loss to the Home, or other damage to the Home, that could be insured against under the terms of standard fire and extended coverage insurance policies, regardless of the cause or origin, and mutually agree that their respective insurance companies shall have no right of subrogation against the other party on account of any such loss and each party agrees that it will request its insurance carrier to include in its policies such a clause or endorsement. Nothing in this paragraph shall be deemed to modify or otherwise affect releases of either party from liability contained elsewhere in this Agreement. G. Waiver of Trial by Jury. IN ADDITION TO, AND WITHOUT WAIVING ANY PROVISION OF THE BALANCE OF THIS SECTION 12, BUYER, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, HEREBY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND UNCONDITIONALLY WAIVES BUYER’S RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING, CLAIM, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) BETWEEN MERITAGE AND BUYER AND IN ANY MATTERS ARISING OUT

OF OR CONNECTED IN ANY WAY WITH THE CONTRACT, AND ALL SUCH MATTERS SHALL BE HEARD BEFORE A JUDGE AND NOT A JURY. Buyer's Initials: H. Severability. A determination that any portion of this Section 12 is invalid or unenforceable shall not affect the enforceability of the remaining provisions of the Contract or this Section 12. 13. Arbitration of Disputes. A. Binding Neutral Arbitration. Buyer and Meritage hereby agree that any dispute, claim, or controversy between them and/or any of their respective successors in interest shall be determined by binding arbitration, as provided by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.) and in accordance with the terms and conditions of this Agreement, and not by or in a court of law or equity. For purposes of this paragraph, “dispute, claim, or controversy” shall include any and all disputes, claims, or controversies of any type or nature whatsoever involving Buyer (and/or any successor to Buyer) and Meritage, including, but not limited to: (a) those arising from or involving the condition of the Home and/or Meritage’s construction of the Home; (b) those arising from or related in any way to this Agreement or the Warranty Agreement; and (3) those relating to any claim for personal injury or property damage allegedly sustained by Buyer. Any determination of the scope and applicability of the agreement to arbitrate, however, shall be made solely by a federal court in the state in which the Home is located. NOTICE: BY INITIALING THE SPACE PROVIDED BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE CONTRACT AND/OR THE WARRANTY AGREEMENT DECIDED BY BINDING NEUTRAL ARBITRATION AS PROVIDED BY THIS AGREEMENT AND THE FEDERAL ARBITRATION ACT. TO THE GREATEST EXTENT NOT CONTRARY TO STATE LAW, YOU ARE WAIVING AND GIVING UP ANY RIGHTS YOU MAY HAVE TO HAVE ANY CLAIM OR DISPUTE LITIGATED BY A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE WAIVING AND GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE LIMITED EXTENT PROVIDED IN THIS AGREEMENT. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF APPLICABLE FEDERAL AND STATE LAW. YOUR AGREEMENT TO THIS BINDING NEUTRAL ARBITRATION PROVISION IS VOLUNTARY. I/WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ALL CLAIMS AND DISPUTES TO BINDING NEUTRAL ARBITRATION IN ACCORDANCE HEREWITH. Buyer's Initials: B. Rules for Binding Neutral Arbitration. Subject to the limitations set forth in this Agreement, the arbitration shall be administered by Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Arbitration Rules and Comprehensive Procedures, including, but not limited to, the expedited procedures of JAMS Rule 16 and the JAMS Optional Arbitration Appeal Procedure, and in accordance with the Expedited Procedures in those Rules. If JAMS is unable to administer the arbitration within the state in which the Home is located, the American Arbitration Association shall administer the arbitration. Nothing in this Agreement, however, shall preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or from mutually selecting an alternative arbitration provider. i. Demand for Arbitration. Any demand for arbitration pursuant to this Section shall be in writing and delivered by certified mail, return receipt requested to the address specified in Section 14 of this Agreement, within the applicable statute of limitations period. Note that pursuant to such Section, a copy of any demand made for arbitration to Meritage must be provided to Meritage Homes, 8800 East Raintree Drive, Suite 300, Scottsdale, Arizona 85260, Attention: General Counsel – THIS NOTICE MAY REQUIRE IMMEDIATE ATTENTION. Any disputes regarding the sufficiency and timeliness of any demand for arbitration shall be resolved by the “Arbitrator” (as defined in Section 13.0.ii below). In order to constitute a valid demand for arbitration, the party demanding arbitration shall include all of the following in the written demand for arbitration: (i) a detailed description of the claim or dispute; (ii) the date upon which the condition which is the subject of the claim or dispute first arose; (iii) the names, work locations, and telephone numbers of any individuals with knowledge of the dispute; and (iv) the relief requested. ii. Appointment of Arbitrator. A neutral arbitrator, (the “Arbitrator”) shall be selected by mutual agreement of the parties. Unless Buyer and Meritage agree otherwise, the Arbitrator shall be an attorney licensed and in good standing to practice in the state in which the Home is located or a retired federal or state judge who presided in the state in which the Home is located. The arbitration proceedings shall take place at a location within forty-five (45) miles from both the Home and Meritage’s nearest Division office, unless both Meritage and Buyer agree otherwise in writing. In the event Buyer and Meritage are unable to agree upon an Arbitrator, either party may declare an impasse and apply to a court of competent jurisdiction in the state in which the Home is located within ten (10) days thereafter to appoint an Arbitrator, who shall act under this Agreement with the same force and effect as if Buyer and Meritage had selected the Arbitrator by mutual agreement.

iii. Discovery and Hearing Limitations. By entering into this Agreement, both Buyer and Meritage acknowledge and agree that one of the goals of arbitration in accordance with this Section is to create an informal process (as contrasted with proceeding in Court) to quickly and efficiently resolve their disputes with minimal cost and expense. With this objective in mind, both Buyer and Meritage agree to the following limitations and parameters: (a) All discovery will close no later than one hundred fifty (150) days following appointment of the Arbitrator; (b) If the claim or dispute arises from an alleged construction defect, Meritage shall be entitled reasonable access to the Home to conduct reasonable inspections and destructive testing; (c) Each party shall be limited to no more than thirty (30) written interrogatories; (d) Each party shall be limited to no more than thirty (30) document requests; (e) Each party shall be limited to three (3) depositions of non-expert witnesses and each party’s depositions are to consume not more than a total of fifteen (15) hours, with no speaking objections at the depositions except to preserve privilege; (f) All expert witnesses shall be identified in writing within sixty (60) days after the appointment of the Arbitrator and be made reasonably available for deposition within the discovery period above; (g) The evidentiary hearing on the merits (“Hearing”) shall commence within one hundred eighty (180) days following appointment of the Arbitrator; (h) Upon the request of either party, the Arbitrator shall conduct a site visit; (i) At the Hearing, each party shall have no more than two (2) days for presentation of direct evidence and for cross examination, exclusive of a site visit and reasonable opening and closing remarks; and (j) The Arbitrator shall issue a reasoned written decision, including findings of fact and conclusions of law, within thirty (30) days following the close of the Hearing, or within thirty (30) days after service of post-hearing briefs if the Arbitrator directs the service of such briefs. Notwithstanding the foregoing, for good cause shown, upon written request of either party the Arbitrator may modify these limitations and parameters as equitable. In doing so, however, the Arbitrator shall remain mindful of the parties’ objectives to resolve their dispute(s) quickly and efficiently, with minimal cost and expense. Failure to meet any of the foregoing deadlines will not render the award invalid, unenforceable, or subject to being vacated; however, the Arbitrator may impose appropriate sanctions and draw appropriate adverse inferences against the party primarily responsible for the failure to meet any such deadlines. iv. Appellate Procedures. Buyer and Meritage hereby adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award in excess of $100,000, subject to the following limitations and parameters: (a) There shall be one (1) neutral Appeal Arbitrator unless either party elects, prior to the selection of an Appeal Arbitrator, to have the appeal heard by a panel of three (3) Appeal Arbitrators. In the event a party elects the appointment of a panel of three (3) arbitrators, the requesting party shall be responsible for the cost and expense of the additional two (2) Appeal Arbitrators. Each Appeal Arbitrator shall have experience as a judge on an appellate court in the state in which the Home is located. (b) Except as provided otherwise in this Agreement, the parties shall equally share the JAMS and Appeal Arbitrator fees and costs of the Appeal; (c) The party requesting the appeal shall be responsible, at its sole cost and expense, for providing a certified copy of the hearing transcript and all documentary evidence to the Appeal Arbitrator and the non- requesting party. In the event both parties request the appeal, these costs and expenses shall be equally shared. v. Participation by Other Parties. Meritage may elect to have all other parties it deems necessary and/or proper included as parties to the arbitration, including, but not limited to, any subcontractors, vendors, manufactures, professionals, and/or others who provided materials, labor, and/or professional services pertaining to the Home. Meritage’s failure to add such parties shall in no manner be construed as a waiver of any claims against any such third parties. vi. Applicable State Law. The Arbitrator shall apply the substantive law of the state in which the Home is located to resolve the claims made, without regard to conflict or choice of law rules. Nevertheless, the Arbitrator need not strictly comply with the applicable Rules of Evidence in such state with the sole exception of those regarding the protection of privileged attorney work product and attorney-client communications. Notwithstanding the foregoing provision with respect to applicable substantive law, any

arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.). vii. Class/Collective Action Waiver. Buyer and Meritage acknowledge and agree that there shall be no right or authority for any dispute or claim to be brought, heard, or arbitrated pursuant to collective action or in a representative capacity on behalf of a class, the community in which the Home is located, or the general public. In the event any party makes a claim in any forum contrary to this provision, the other party shall have the right to seek enforcement of this Class/Collective Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective action or claim. Moreover, notwithstanding any other provision of the Contract, any claim that all or part of this Class/Collective Action Waiver is unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an Arbitrator or Appeal Arbitrator. viii. Confidentiality. The parties shall maintain the confidential nature of the arbitration and the award, including the Hearing, except as may be necessary to prepare for or conduct the hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. ix. Damages. The arbitrator(s) may award only those actual damages actually incurred by a party as a direct result of the claims, and may not award punitive or exemplary damages or any incidental, indirect, or consequential damages, including damages for lost profit, except where expressly permitted by statute, and the parties waive any right to recover any such damages and expressly agree that the arbitrator shall have no jurisdiction to enter an award including such damages. In addition, unless the arbitrator determines that Meritage has refused or failed to repair or adequately repair an alleged defect, the arbitrator has no jurisdiction to enter an award of monetary damages, as the Buyer’s sole remedy in such event shall be a right to repair and/or replacement, as appropriate. x. Fees and Costs. Except as required otherwise by this Agreement or the laws of the state in which the Home is located, that would require fees and costs to be assessed against a party, Buyer and Meritage shall share equally in advancing JAMS and arbitrator fees and costs required, and each party shall bear its own attorneys’ fees and costs and expressly agrees that the arbitrator shall have no jurisdiction to enter an award for such fees and costs. This provision notwithstanding, the prevailing party shall be awarded its reasonable attorneys’ fees and costs to the greatest extent not otherwise contrary to state law in any litigation to enforce or compel arbitration in accordance with this Section. 14. Miscellaneous. A. Notices. All notices to be given by either party to the other shall: (i) be in writing; (ii) be effective on the earlier of the day of personal delivery thereof to the party to whom directed, or upon receipt of a facsimile transmission (as evidenced by the automatic, successful transmission, confirmation page), or one (1) day following the date of deposit thereof with delivery charges prepaid with a national delivery service for overnight delivery, or two (2) days following the day of deposit in the United States mail, registered or certified and with postage prepaid, return receipt requested; and (iii) be addressed to the party to receive the notice at the mailing address and/or facsimile number set forth in the Buyer Information Sheet, in the case of Buyer, or to the mailing address and/or facsimile number for Meritage set forth at the end of this Agreement, in the case of Meritage, or at such other mailing address or facsimile number as may be indicated by Meritage by written notice to Buyer given in accordance with this Section. In addition, notice may be given to Buyer by, and shall be effective upon, email to the email address set forth in the Buyer Information Sheet. No notice to Meritage of any alleged breach, default, dispute, or claim relating in any way to the Home or the transaction contemplated in the Contract shall be effective unless a copy thereof has been delivered to Meritage Homes at the mailing address for Meritage set forth at the end of this Agreement with the following notation: “Attention: Division President – THIS NOTICE MAY REQUIRE IMMEDIATE ATTENTION”. B. Amendments. The Contract may be amended or modified only by a written addendum signed by Buyer and any Authorized Officer of Meritage. C. Attorneys’ Fees. Except as required otherwise by this Agreement or the laws of the state in which the Home is located, each party shall bear its own attorneys’ fees and costs and expressly agrees that no arbitrator, judge or jury shall have any jurisdiction to enter an award for such fees and costs. D. No Assignment. Buyer may not sell, assign, hypothecate, or otherwise transfer any of Buyer’s rights under the Contract, voluntarily, involuntarily, or by operation of law (collectively, “Transfer”), without the prior written consent of Meritage, which may be withheld in Meritage’s sole discretion. If Buyer attempts to Transfer any of Buyer’s interest under the Contract or if Buyer enters into another escrow for the concurrent resale of the Home, Buyer shall be in default under the Contract. Closing Agent is instructed not to assist or participate in any way in the consummation of any so-called “double-escrow” initiated by Buyer. Subject to the foregoing prohibition, the Contract shall inure to the benefit of and bind the parties hereto and their heirs, executors, representatives, administrators, successors, and assigns. Notwithstanding the foregoing, in the event of the death of any individual comprising Buyer, Meritage shall, in its sole and absolute discretion, have the right to cancel the Contract, in which event the Earnest Money shall be returned to Buyer.

E. Non-Waiver. Nothing contained in the Contract shall in any way be construed to prevent Meritage from waiving or modifying any conditions or requirements contained in the Contract, in its sole discretion, provided that Meritage shall have no obligation to agree to any such waiver and/or modification. Any failure or delay of Meritage to enforce any provision of the Contract shall not be construed as modifying in any way the terms of the Contract or as waiving Meritage’s rights to enforce the provisions of the Contract. No waiver of any of Meritage’s rights under the Contract in a particular instance shall preclude Meritage’s subsequent exercise of its rights under the Contract. F. Governing Law and Venue. The Contract and the rights of the parties under the Contract shall be governed by the laws of the state in which the Home is located. Subject to and without waiving any provision of the Contract relating to the resolution of disputes, any action to enforce the Contract shall be brought in the state or federal court in the county in which the Home is located. G. Time is of the Essence. Time is of the essence of the Contract and every term and provision of the Contract. H. Severability. In the event any provision of the Contract is declared illegal, invalid, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. I. Survival. All representations, releases, discharges, agreements or other obligations to defend, hold harmless, and/or indemnify, dispute resolution provisions, and covenants or agreements of Buyer that are set forth in the Contract and that contemplate performance that may occur after termination of the Contract and/or the Closing will survive any termination of the Contract and/or the Closing. Without limiting the generality of the foregoing, or the survival of any other express provisions to similar effect, the terms and conditions contained in the Schedules to this Agreement will survive the termination of the Contract and/or the Closing. J. No Right to Buyer’s Lien. Buyer shall not record in any public records any portion of the Contract, nor any notice thereof, nor any Notice of Lis Pendens in respect to the Home. Any such recording shall constitute a wrongful lien and shall be a material default by Buyer under the Contract. K. Joint Obligations. If Buyer is comprised of more than one person and/or entity, then all of the persons and entities comprising Buyer shall be jointly and severally liable for the performance and/or satisfaction of Buyer’s obligations under the Contract. L. Third Party Business Providers. Meritage has, or may establish from time to time, business, marketing referral, and/or alliance relationships with various third party service and/or product providers, and Buyer authorizes Meritage to share with such providers Buyer’s name, mailing address, and telephone numbers. If Buyer chooses to purchase any of the services and/or products offered by such provider(s), Buyer acknowledges that all matters related to such services and/or products are the sole and absolute responsibility of such provider(s). Meritage may or may not receive monetary and/or non-monetary consideration and compensation from any of these provider(s) for providing Buyer’s information as provided above. M. Buyer’s OFAC Representations and Acknowledgment. Buyer represents and warrants to Meritage that Buyer is not (i) identified on the list of specially designated nationals and blocked persons subject to financial sanctions that is maintained by the U.S. Treasury Department, Office of Foreign Assets Control and any other similar list maintained by the U.S. Treasury Department, Office of Foreign Assets Control pursuant to any law, rule, regulation or Executive Order of the President of the United States; or (ii) a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of U.S. law, rule, regulation, or Executive Order of the President of the United States. 15. Entire Agreement. Meritage wishes to avoid any misunderstanding concerning the purchase of the Home. It is the policy of Meritage not to enter into any oral agreement or to ask any Buyer to rely on any oral representations concerning the Home, the Community, or the surrounding area. As a result, the entire agreement between Buyer and Meritage must be in writing and, therefore, Buyer must write in the spaces provided below ANY understandings, representations, warranties, guaranties, or promises that are not set out in the Contract but that have been made by Meritage or its purported agents or employees and upon which Buyer is relying in making this purchase, and if there are none, Buyer shall so indicate by writing the word “NONE”: NONE

Buyer’s failure to write anything in the space above shall be conclusively deemed Buyer’s affirmation that “NONE” is applicable thereto. To induce Meritage to accept the Contract, and as material consideration to Meritage, Buyer hereby acknowledges that: (i) there are no understandings, representations, warranties, guarantees, or promises of any kind that have been made to induce Buyer to execute the Contract or to acquire the Home except as specifically set forth in the Contract, and the Contract supersedes any and all prior understandings and agreements between the parties; (ii) all advertising materials are superseded by the Contract; (iii) the Contract sets forth in full the entire agreement between the parties; (iv) Buyer has not relied on any oral agreement, statement, or representation that is not expressly set forth in the Contract; and (v) no person on behalf of Meritage

is authorized to make any future oral agreement upon which Buyer may rely to cancel, change, or modify any portion of the Contract. Buyer's Initials: 16. Execution of this Agreement by Buyer constitutes an offer to purchase the Home. The Contract shall be deemed accepted by and binding upon Meritage only if and when it is executed by an authorized officer of Meritage (an “Authorized Officer”), and the execution or acceptance of the Contract by any salesperson, broker, agent, or employee of Meritage other than an Authorized Officer of Meritage shall NOT be binding upon Meritage. Unless the Contract is accepted by Meritage within thirty (30) days after being executed and delivered to Meritage by Buyer, this offer shall be deemed revoked and the Earnest Money shall be returned to Buyer. The “Agreement Date” shall be the date of acceptance of this Agreement by an Authorized Officer. Unless and until the Contract has been accepted by Meritage and Meritage has delivered a fully executed copy of this Agreement to Buyer, Meritage shall be free to accept ANY other offer for the Home and/or Lot without any liability to Buyer as a result thereof. Buyer’s offer and Buyer’s execution of this Agreement does not constitute a reservation or an option to purchase the Home. [AGREEMENT CONTINUES ON FOLLOWING PAGES]

THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING. FURTHER ARIZONA LAW REQUIRES THAT, PRIOR TO BUYER’S SIGNING OF THE CONTRACT, BUYER MUST BE GIVEN A COPY OF, AND AN OPPORTUNITY TO READ AND REVIEW, THE PUBLIC REPORT FOR THE COMMUNITY ISSUED BY THE ARIZONA DEPARTMENT OF REAL ESTATE (THE “DEPARTMENT”). BY SIGNING THIS AGREEMENT BELOW, BUYER ACKNOWLEDGES THAT, PRIOR TO SIGNING THIS AGREEMENT, BUYER HAS RECEIVED AND READ A COPY OF THE PUBLIC REPORT FOR THE COMMUNITY ISSUED BY THE DEPARTMENT.

THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING. FURTHER, PURSUANT TO A.A.C. R4-28-803:

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.

BY SIGNING THIS AGREEMENT BELOW, BUYER ACKNOWLEDGES THAT, PRIOR TO SIGNING THIS AGREEMENT, BUYER HAS RECEIVED AND READ A COPY OF THE PUBLIC REPORT FOR THE COMMUNITY ISSUED BY THE ARIZONA DEPARTMENT OF REAL ESTATE.

BUYER:

12/22/2022 Alayna Kowaleski Date

Name and Address of Buyer’s Broker/Agent: Alayna Ellen Kowaleski 31612 N 23RD AVE Phoenix, AZ 85085 RECEIVED (But Not Accepted), AND RECEIPT OF THE INITIAL DEPOSIT ACKNOWLEDGED:

By: 12/22/2022 Meritage’s Sales Associate Date

THIS AGREEMENT SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY MERITAGE, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS FULLY SIGNED AND COMPLETED.

MERITAGE’S ACCEPTANCE:

MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation

By:

Its: VP of Finance (must be a Division President, Division Finance Department Head, or Corporate Officer)

Date: 12/23/2022

By: Designated Broker or Associate Broker or Branch Manager (if applicable) Date: 12/23/2022

Meritage address:

MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation 8800 East Raintree Drive, Ste. 300 Scottsdale, AZ 85260 Fax No. (480) 375-2962

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

LIST OF SCHEDULES

Schedule 1 Buyer’s Information Schedule

Schedule 2 Disclosure, Disclaimer, and Waiver Regarding Mold Conditions

Schedule 3 Homebuyer Disclosure

Schedule 4 Insurance Agency - Notice of Affiliated Business Arrangement

Schedule 5 Closing Agent / Mortgage Notice of Affiliated Business Arrangement

Schedule 6 Public Report Receipt

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

SCHEDULE 1 BUYER’S INFORMATION SCHEDULE

Alayna Kowaleski Buyer’s Full Name Co-Buyer’s Full Name

Birthdate: ********** Birthdate:

34807 N 32nd Drive #2031 Current Address Current Address Phoenix AZ 85086 City State Zip City State Zip (563) 639-1426 (563) 639-1426 Home Phone Mobile Phone Home Phone Mobile Phone

[email redacted] Email Address Email Address

Work Phone Work Phone

Married Unmarried X Married Unmarried Marital Status Marital Status

Vesting Instructions:

The foregoing information has been reviewed and verified by Buyer:

12/22/2022 Alayna Kowaleski Date

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

SCHEDULE 2 Disclosure, Disclaimer, and Waiver Regarding Mold Conditions

Disclosure and Acknowledgments What You Need to Know about Mold. According to the United States Environmental Protection Agency, mold can be found almost everywhere. Molds are microscopic organisms that are part of the fungi family, and are an essential part of the world’s ecological system. Outdoors, many molds live in soil and are key to the natural breakdown and recycling of organic material, such as leaves, wood, and plant debris. Lumber used in the construction of homes typically contains some level of molds, fungi, and/or spores. Because it may be impossible or impracticable to eliminate all indoor mold, indoor mold is an important topic about which you should become informed. Mold spores are airborne and travel in and out of buildings as air is exchanged and with the movement of people and their belongings. When excessive moisture or water accumulation occurs indoors, mold growth likely will occur, especially if the moisture problem is not discovered and remedied. There is no practical method to eliminate all molds and mold spores in an indoor environment. The primary method to control indoor mold growth is to control moisture. The best course of action for any homeowner is to keep the indoor environment as “clean and dry” and free from dust and dirt as reasonably possible. All mold is not necessarily harmful, but certain strains of mold have been alleged to have adverse health effects in susceptible persons. The most commonly reported effects are allergic reactions, including skin irritation, watery eyes, runny nose, coughing, sneezing, congestion, sore throat, and headache. Individuals with suppressed immune systems may risk infections. Information Available to You. For additional information, you should contact the United States Environmental Protection Agency (“EPA”), applicable state agencies, or other governmental authorities. The EPA web site contains information and publications regarding mold and other biological pollutants that may be of interest to you. For example, see “Biological Pollutants in Your Home” and “Mold Resources” on the EPA web site (www.epa.gov). Additional mold-related information is available on the Centers for Disease Control and Prevention web site (www.cdc.gov). Limiting Mold Growth. A practical approach to limiting mold growth is early detection and prompt resolution of excessive moisture. If you can see mold or detect an earthy or musty odor, you can assume you have a moisture problem. Any moisture problem must be solved in order to control and eliminate mold growth. Part of the control of the indoor environment is controlling air moisture. Watch for water condensation on interior surfaces such as walls, windows, and areas near air conditioning registers. Uses that have the potential of increasing relative air humidity include such things as bathing, cooking, plants, washing, and humidifiers, especially if not vented. Other moisture sources, which sometimes can go unnoticed, are water leaks from pipes in walls and rainwater leakage through windows and roofs. Controlling air moisture is the most important action in controlling mold growth. Accordingly, keep drip pans from refrigerators and air conditioners clean and dry and use exhaust fans or open windows when cooking, washing, drying clothes, and bathing. Report or fix water leaks promptly. Any indication of water leaks or resulting mold at roofs, windows, floors, carpets, etc., should be reported immediately (within 24 hours) to Meritage’s Warranty Department, which will determine if the condition is covered by the Warranty. The prompt reporting of any water leak or intrusion to Meritage’s Warranty Department is critical to the containment and minimization of mold growth. By signing below, you acknowledge that Meritage will not be responsible for mold resulting from a water leak or water intrusion that is not promptly reported to Meritage’s Warranty Department. Disclaimer and Waiver As you can see from the discussion above, whether or not you as a homeowner experience mold growth in your Home depends largely on how you manage and maintain your Home. Meritage’s responsibility as a homebuilder must be limited to things that it can control. As explained in the Warranty Agreement, Meritage will repair or replace defects in the construction of the Home as and to the extent provided in the Warranty Agreement. Meritage will not be responsible, however, for any damages caused by mold or by some other cause, including, without limitation, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects. To the fullest extent permitted by law and except as provided in the Warranty Agreement, all other warranties, express or implied, including, but not limited to, any implied warranty of condition, good and workmanlike manner, habitability, merchantability, or fitness for a particular purpose, are hereby expressly disclaimed and negated.

BY SIGNING BELOW YOU CERTIFY THAT YOU HAVE READ AND FULLY UNDERSTAND THE INFORMATION, DISCLOSURES, DISCLAIMERS AND WAIVERS CONTAINED IN THIS SCHEDULE. THIS SCHEDULE CONTAINS INFORMATION AND WAIVERS THAT HAVE A LEGAL IMPACT ON THE PURCHASE OF YOUR HOME.

12/22/2022 Alayna Kowaleski Date

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

SCHEDULE 3 Homebuyer Disclosure

Meritage wants each of its buyers to be satisfied customers. Accordingly, Meritage offers the basic disclosures set forth in this Schedule as a service and protection for Buyer, which disclosures are in addition to any disclosures otherwise made in the Contract, any recorded instrument applicable to the Home, pursuant to applicable law, and/or otherwise in writing with respect to the Community. Meritage has no control over much of the information covered in these basic disclosures, and information is subject to change without notice. Accordingly, Buyer has been encouraged to verify the information contained below through independent means by contacting the individuals, agencies, or firms identified for the most up-to-date information and undertaking such other investigations as Buyer deems necessary or desirable. In addition, because individual sensitivities may vary with respect to conditions at or nearby the Community, Buyer has been urged to investigate the area surrounding the Community to appreciate and/or assess nearby conditions and/or nuisances. DISCLOSURE: 1. Lot Characteristics. Each lot is unique in its size, shape, and drainage characteristics. Consequently, (a) the size of the Lot, the exact location of sidewalks and driveways (if any), and the drainage patterns of the Lot may differ from any model home plans, drawings, or renderings Buyer has examined; and (b) the placement of ground-mounted air conditioning condensers and other mechanical equipment on the Lot may limit, restrict, or negate the ability to construct or install RV gates and certain other features on the Lot. Building pads are designed and engineered pursuant to applicable standards and generally follow the natural grade of the land. They typically will be built higher than the natural terrain only to the extent necessary to remain free from inundation in a 100-year storm event. If the Home is located within or near a flood plain, Buyer may be required to purchase flood insurance for the Home. Depending on the location of any applicable public sewer main, the configuration and slope of the Lot, and the placement and height of the Home being constructed on the Lot, Meritage may elect (in its sole discretion) to install a sewer ejector pump on the Lot to facilitate the removal and transport of sewage from the Home to such public sewer main. 2. Materials Used in Construction. Materials used in the construction of the Lot Improvements, including, but not limited to, paint, stucco, roof material, concrete, block, stone, brick, tile, granite, wood, carpet, laminate, cabinets, and cultured marble, will vary in color and texture depending on age, density, type of finish, dye mixtures, textures, designs, porosity, place of origin, and other factors, and many such finishes will change as they are exposed to the elements. Such variations are typical and should be expected by Buyer, and neither Meritage nor its suppliers or contractors can guarantee exact matches. The concrete floor of the Home may have expansion control joints or a post-tension slab system to minimize cracking due to settling, expansion, and contraction of the concrete. Nevertheless, expansion control joints or post-tension slab systems do not eliminate all cracking from occurring. When ceramic tile is installed, the tile and the grout between the tiles may crack. This is a condition that is uncontrollable by Meritage, and Buyer hereby expressly releases Meritage from any liability or responsibility to replace or repair tile or grout in the event the tile or grout crack or otherwise become dislodged, except as may be required by the Warranty. 3. Future Development and Home Design Changes. Meritage shall have the right, without any obligation or liability to Buyer, to: (a) Make changes in the design and plan of the Community (including, without limitation, the number of homes and/or the sizes of lots in the Community), and in the plans, elevations, sizes, features, prices, and incentives for homes to be hereafter constructed within the Community. Topographical maps in sales office(s), lot plotting maps, maps offered by master developers, and other forms showing Community projections do not in any way constitute Meritage’s promise to complete the Community or complete it as shown. This includes any proposed amenities, such as but not limited to, entry monumentation, parks, pools, gazebos, trails, exercise facilities, etc. (b) Change the contemplated timing of its construction of any other homes in the Community and/or decide to build more or fewer homes than currently planned, or to build larger homes, smaller homes, more expensive homes, less expensive homes, and/or no other homes in the Community.

(c) Use any lawful method of marketing to sell, or otherwise dispose of, any or all of its remaining or future inventory of homes or lots in the Community, including, without limitation, the use of incentives, concessions, price reductions, lot sale programs, bulk sale, or other promotions or techniques, without any regard to the price paid by Buyer for the Home, and without any obligation to offer any comparable incentives to Buyer. 4. Surrounding Area. Because Meritage may not have any control over the area surrounding or adjacent to the Lot, Meritage strongly recommends that Buyer drive and walk around or otherwise inspect the Community and the surrounding area (and conduct any other desired research) in order to become familiar with local conditions such as traffic, noise, prospective future development, and other factors prior to consummating the purchase transaction. The character, nature, and uses of the areas surrounding the Community may change, and future uses of adjacent or nearby property could include transportation, commercial, agricultural, equestrian, recreational, pedestrian, and/or any number of other uses. Future development cannot be predicted with accuracy and is subject to change, and for this and other reasons, Meritage cannot make any representation concerning the area surrounding the Lot. It is Buyer’s sole responsibility to determine the use and potential use of any property surrounding the Lot. 5. Construction and Sales Activity. Certain construction and sales activities may be occurring within and in proximity to the Community after Buyer’s occupancy of the Home. This may result in some inconvenience to Buyer due to noise, dust, fumes, vibrations, and traffic from the construction activities and the operation of the model homes and sales office. Construction hours often begin early (particularly in warmer seasons) and sales activity will likely involve significant traffic and visitors, particularly on weekends. As a result of the ongoing construction and sales activities, infrastructure and public and private utilities (water, electrical, cable television, sewer, storm drains, etc.) within the Community and/or servicing the Home may be temporarily interrupted and/or adversely affected during build-out of the Community. Nails and other construction debris may be found within the Community during construction, including on the street. If the Community is gated, the gates likely will remain open as long as any construction work or sales are conducted in the Community. To the fullest extent permitted under applicable law, Buyer hereby waives and agrees not to make any claim against Meritage or its contractors, subcontractors, and suppliers as a result of such construction and/or sales activity. 6. Pricing; Model and Promotional Features. Buyer acknowledges that (i) Meritage, as the seller, has the full right to establish prices for the sale of properties in the Community owned by Meritage from time to time (or any other community developed by Meritage), without regard to the price to be paid by Buyer or any other buyers for any specific lot and/or home(s) within the Community; (ii) Meritage may offer lower prices, price reductions, financing incentives, bought down interest rates, new floor plans, additional features, and other similar incentives (collectively, “Incentives”) to past or future buyers of properties in the Community (or any other community developed, constructed, and/or sold by Meritage) without any obligation to offer any comparable Incentives to Buyer; and (iii) Buyer has satisfactorily negotiated its purchase price for a particular Lot (and improvements) within the Community, and that Buyer is fully satisfied with such price (and any Incentives actually received in connection with the negotiation of such price). Other than Buyer’s contracted price, all other prices, terms, upgrades, and any other concessions are subject to change without notice, at the sole discretion of Meritage, including changes in the model homes offered for sale and specification levels in future homes. Meritage has not made any representation, warranty, guaranty or agreement with respect to the valuation of the Lot and/or Home relative to the Purchase Price, nor regarding the future valuation of the Lot and/or Home, nor the likelihood of future appreciation of the Lot and/or Home. Premiums for home sites (if any) vary and are subjective in nature, and are determined based on the particular attributes of each home site, as evaluated from time-to-time by Meritage, and the characteristics that may make a home site unique may change over time, and the home site may become more or less desirable because of such changes. Consequently, Meritage is not responsible or liable for the impact of such changes. Any model home and promotional material that Buyer may have viewed prior to execution of the Contract may contain extra design features, decorations, floor coverings, decorative light fixtures, custom paint and wall coverings, window treatments, landscaping, pool, spa, sound and alarm systems, furnishings, appliances, electronic devices, and other designer/decorator features and amenities that are not included as part of the Home, and that there are items shown in models that are decorator items and/or that display design elements that may not be available for homes in the Community and/or for the Home selected by Buyer. Buyer acknowledges that Meritage’s sales associate has reviewed with Buyer the included features for the Home. Further, Buyer understands that models, pricing, and features may vary from community to community, that Meritage may offer many of Meritage’s models at several different communities, and that each model has features, code requirements, materials, association guidelines, aesthetics, landscaping, and a host of other factors that may vary from one community to another and/or over time. Meritage’s sales associates in one community may not have specific information regarding features available in another community. 7. Adjustments. A home is a unique product engineered with a large number of parts, many of which are natural materials. All new homes experience changes in the first several months as materials dry out and naturally settle. Such

settlement occurs in virtually all construction. During this process, natural phenomena such as small hairline cracks in wood, sheetrock, concrete, brick, and stucco, lumber shrinkage, joint separations, and slight realignments of moldings, trims, and door jams may appear in the Home. In addition, various appliances, electronic devices and operating components of the Home may also require fine-tuning or adjustments after initial move in. To the extent these types of occurrences are covered by the Warranty, Meritage will address these issues upon receipt of a written claim pursuant to the procedures outlined in the Warranty. Buyer is strongly encouraged to review the Warranty for precise details regarding coverage and methods of making claims. Homes in the Community may be located in an area containing expansive soil. If this is the case, the Lot Improvements will be constructed in accordance with recommendations made in a soils report prepared by a licensed engineer, with the goal of minimizing the effects of expansive soils, if present. The possible problems caused by expansive soils are often cosmetic, rather than structural, in nature and include, without limitation, upward movement of foundation and floor slab systems, cracking of concrete, flooring surfaces, drywall, and stucco, and misalignment of doors and windows. Buyer’s only rights with respect to damage caused by or repairs necessitated by expansive soil conditions, subsurface conditions, or foundation or slab settling shall be to require the repair or correction of such conditions pursuant to the Warranty to the extent such condition is then covered by the Warranty. Flowerbeds and planters should be properly maintained to ensure that water drains away from the foundation because any water ponding near the foundation can be a source of structural problems. 8. Square Footage. All square footage and measurements of homes in advertisements, marketing materials, model numbers, or other plan type identification are approximate figures. Different standards of measurement may yield different results. For example, the square footage measurements used by property tax assessors, multiple listing services, real estate appraisers, and/or brokers in particular communities may differ from the standards of square footage measurement used by Meritage or its architects, designers, or other applicable service providers. Moreover, any reference to square footage in the plan or model name for the Home has no bearing on the actual square footage of the Home. Accordingly, the Home may be larger or smaller than anticipated and exact square footage shall not be a material consideration in determining the Purchase Price of the Home or Buyer’s decision to purchase the Home. 9. Easements. The Lot is subject to all easements of public record, including, but not limited to, those shown on the recorded map or plat of the Lot and those of an apparent nature, including, but not limited to, easements for telephone, electricity, natural gas, cable television, water, sanitary sewer, storm sewer, drainage, and aircraft aviation. Buyer acknowledges that the cost of maintaining these easements may be the responsibility of Buyer. The locations of utility lines/structures, utility improvements (including, but not limited to, junction boxes, transformers, pedestals, meters, and pumps), street lights, pull boxes, fire hydrants, sewer taps, etc., in the Community is controlled by the utility agencies and may be subject to change without prior notice to Buyer. 10. Drainage. The Community has been designed to facilitate drainage, often using existing drainage patterns. Consequently, during heavy rain, full running water may occur on Lots, including low spots of driveways. The Lot will be graded according to the final engineered grading and drainage plan, which has been developed to facilitate proper drainage from slopes and yard drainage to the street and/or out of the Community. This plan may include slopes and berms on the Lot to accommodate drainage conditions. Drainage features on the Lot may be subject to erosion requiring periodic maintenance. Erosion is a natural occurrence in many environments and can be minimized by careful landscape planning, but not completely prevented. When erosion occurs, it is the Buyer’s responsibility to repair and maintain affected areas. ANY INTERFERENCE with the drainage pattern(s), as initially constructed, can cause water to become entrapped within the yard area, materially impact soil characteristics, and negatively affect the structural integrity of the Home. This is particularly the case in areas of more sensitive soils. Pooled water, incorrect drainage, leaky irrigation systems, over-watering, or other conditions can also lead to groundwater infiltration and must be avoided. Please note: the construction of retaining walls, pools, spas, patios, gazebos, curbs, decks, walks, or any other landscape amenities can block, alter, or modify drainage patterns, thereby requiring corrective measures to be taken to insure proper water flow. Buyer acknowledges that Meritage has advised Buyer not to change or interfere with the established drainage pattern(s) on the Lot without consulting a licensed landscape architect or civil engineer. 11. Site Plan. There may be a map of the Community in the sales office that is not an official site plan. It is an artist’s concept and is not drawn to scale. This map is intended to give Buyer a general overview of the development. The site plan may not reflect all easements with accuracy. The site plan does not constitute a guarantee that the Community will be built out or developed as shown in any such site plan. Plans are copyrighted and/or otherwise subject to intellectual property rights of Meritage and/or others and cannot, without Meritage’s prior written consent (which Meritage may withhold in its sole discretion), be reproduced or copied for use by Buyer or any third party. Buyer shall not infringe on any such copyrights or other intellectual property rights in any manner, including, but not limited to, the construction of a residence substantially similar to the Home. Individual plot/survey plans describe the actual Lot boundaries and house location, copies of which

should be provided as part of the title documents and may also be available at the sales office. At closing, Buyer will be given (upon request and at Buyer’s expense) an updated individualized survey plot plan for their particular Lot. Lots in the Community may contain areas designated by applicable governmental authorities where the Community is located as “Natural Area Open Space” (“NAOS”) and/or “Drainage Easement” (“DE”). Generally, these areas must remain undisturbed; however, in certain circumstances, such areas may be disturbed during home construction. Buyer will be responsible for revegetating any NAOS/DE area disturbed on the Lot as part of the building process. 12. Trees and Other Vegetation. Meritage does NOT guarantee the preservation of any trees, shrubs, ground cover, or other foliage located on the Lot, in the Community, or anywhere within the vicinity of the Community, and MERITAGE EXPRESSLY RESERVES THE RIGHT TO REMOVE ANY TREE(S) AND/OR OTHER VEGETATION IT DEEMS NECESSARY OR DESIRABLE. This includes any “greenbelt,” “detention,” “park land,” “buffers,” and related areas that may exist in the Community. Meritage is not responsible for any immediate or long-term damage to vegetation caused by construction activity, adverse weather, or otherwise. The construction of homes, lots, streets, and/or utilities may alter the environment of any trees, shrubs, or other landscaping. All care and maintenance of any such foliage is solely the responsibility of Buyer. This includes all obligations to water, trim, or otherwise maintain foliage. 13. Ponds. The Community may contain one or more ponds intended to assist with drainage within the Community that may also offer aesthetically pleasing qualities to the Community. Further, some of the home sites in the Community may have direct views of one or more of such ponds. Since such pond(s) act(s) in conjunction with the drainage system of the Community, the water level of such pond(s) will not be maintained and will be controlled solely by the amount of rain received by the Community and the resulting runoff from such rain events. As a result, during drought or dry conditions, such pond(s) may contain little or no water. None of Meritage, its agents, employees, and subcontractors has made or can make any representation, warranty, or covenant of any kind regarding the water level of the pond(s), the maintenance of the pond(s) or any surrounding areas, or otherwise with respect to such pond(s). 14. Views and Surroundings. None of Meritage, its agents, employees, and subcontractors has made or can make any representation, warranty, or covenant of any kind regarding: (i) views that may be available from the Home; (ii) the height or nature of homes to be constructed adjacent to or near the Home; (iii) the continuation or cessation of the existing nature, character, or uses of the areas surrounding the Community and/or adjacent to the Home; (iv) the permissibility or likelihood of changes to the existing nature, character, or uses of the property surrounding the Community; (v) the presence or level of noise, fumes, vibrations, dust or fuel particles, and other effects from nearby roadways, airports, property, or equipment, whether permanent, temporary, or transported on, to, or away from nearby locations; and (vi) whether or not any open or undeveloped space adjacent to the Lot or the Community, if any, will remain open space or undeveloped, as any such areas may be changed or developed in the future. A view may be negatively impacted by a variety of occurrences, including, but not limited to, the construction of rooftops, buildings, decks, landscaping, or other future development. Meritage makes no statements or assurances with respect to the construction, future improvements, and landscaping that may have an impact upon the view of the Lot. Any view from the Lot or surrounding areas, whether developed or undeveloped, is not part of the value of the Lot. Since Meritage cannot control future development adjacent to the surrounding community, Meritage cannot guarantee preservation of any potential view, now or in the future. Meritage is not responsible for or bound by any representation regarding views made by a sales person or agent under any circumstances. 15. Open Spaces/Recreational Areas. In the event there are designated open spaces, lakes, golf courses, or other recreational areas within the Community or areas surrounding the Community, Meritage makes no representations with respect thereto. If the Community is located adjacent to or in the vicinity of a golf course, body of water, or natural terrain, there are certain hazards and risks of injury or damage to person or property that result from living or owning a residence adjacent to or near such features. Meritage is under no obligation to protect Buyer from damage or injury resulting from the proximity of the Home to such features, and Buyer hereby releases, remises, and forever discharges and agrees to save and hold Meritage harmless for, from, and against all liabilities, claims, debts, demands, risks, causes of action, and possible causes of action whatsoever arising out of or relating in any way to any loss, damage, or injury (including death) that may be sustained to any persons or property in connection with such features, which obligations will survive the termination of the Contract and/or the Closing. 16. Attic Access. Ladders facilitating entry into attic space are designed and intended for access only. Meritage does not represent or warrant the use of attic space for storage or existing joist members for support of additional weight. Buyer uses attic space at its own risk. 17. Tract Boundary Fence or Wall. In some instances, walls and/or fences may encroach on either side of actual lot lines, and the placement and location of perimeter walls and fences for the Lot are subject to Meritage’s discretion dependent

upon topographical or other site conditions and issues and/or any requirements and limitations imposed by any applicable governmental authority or owners association. An easement shall be deemed to exist for any such encroachment, and Buyer’s acquisition of the Home shall constitute Buyer’s acknowledgment of such easement. Many times, tract boundary fences or walls are set back onto homeowners’ lots (inside lot lines) at certain distances or intervals to create a more aesthetic Community. As a result, lots bordered by these types of fences or walls may be subject to an easement and extend to the other side of the boundary structure. Buyers of homes along the perimeter of the tract should refer to the recorded plat map or individual survey plot plan to determine the precise location of any tract boundary fence or wall, and the actual lot lines of the Lot. 18. Retaining Walls. Grading plans may require some lots in the Community to have retaining walls, which may be located on or adjacent to the lot line; however, walls shown on grading plans may be added or deleted based on site conditions. If a retaining wall is along a street or public right-of-way, the retaining wall may be inside the lot line and, if so, it is the Buyer’s responsibility to maintain. If a retaining wall is located between adjacent property owners, the responsibility to repair and maintain the retaining wall is the joint responsibility of the adjacent homeowners. Soils/materials behind a wall may settle or erode and create indentures in the ground at the top of the wall, and such soils/materials should be maintained by the Buyer because eroded areas are not warranted under the Warranty. The Purchase Price of the Home does not include any retaining wall installations by Meritage, other than those installed pursuant to original development plans. 19. Utilities; Technology. Meritage is not responsible for providing any utilities to the Property other than those necessary for obtaining a certificate of occupancy. However, the Home may be pre-wired and equipped with certain communications equipment required by, and in accordance with, the specifications of the developer of the Community. In such event, Buyer understands that Meritage has no control over the functionality or connectivity of such equipment outside of the Home itself and is not responsible for the operation or capabilities of any of such equipment, nor the period associated with the functional completion of any related equipment and/or facilities outside of the Home itself. 20. Natural Occurrences and Environmental Conditions. The Home and its occupants may now or in the future be exposed to various natural occurrences and/or environmental conditions in or near the Home (collectively “Environmental/Physical Conditions”) that may include, without limitation, earthquakes, floods, storms, tornadoes, hurricanes and other natural disasters, radon gas and/or electromagnetic fields (as discussed below), dust, mold, moisture, the presence of surface and/or underground utility lines and facilities, and the possibility of air, water, and soil pollution, and/or seismic fault lines, earth fissures, sink-holes or ground subsidence. The future occurrence of any such Environmental/Physical Conditions and the resulting effects on Buyer or any occupants of the Home are beyond the control of Meritage. Meritage disclaims all liability, and Buyer hereby waives all warranties, either expressed or implied, including any warranties of habitability or fitness for a particular purpose, that could be construed to cover the presence of any Environmental/Physical Conditions. Buyer should insure against Environmental/Physical Conditions. 21. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in the state where the Home is located. Additional information regarding radon and radon testing may be obtained from the local public health department for the area where the Home is located. Meritage disclaims all liability, and Buyer hereby waives all warranties, either expressed or implied, including any warranties of habitability or fitness for a particular purpose, that could be construed to cover the presence of radon. 22. Electromagnetic Fields. All power lines and electrical appliances and devices that draw electric current have electromagnetic fields (“EMF”) around them. Meritage has no expertise or information about EMF or the detection of EMF and does not review or monitor research efforts regarding EMF. Consequently, Meritage does not make any representations or warranties of any kind related to EMF. Rather, Buyer should contact its local electric utility company servicing the Home or its state or local environmental, energy, or health agencies, or the regional office of the Environmental Protection Agency to obtain such information. 23. School Boundaries. Meritage does not represent or guarantee that occupants in the Home will be entitled to attend any particular school or school district, or that the same school or school district will be open or available for enrollment for any particular period of time. Enrollment eligibility requirements (including geographical district and attendance boundaries) may change over time. Buyer should independently confirm which schools and districts are available for enrollment and obtain information about any applicable boundary change processes. 24. Rentals. Although the purchase of residential properties by companies and individuals for the primary purpose of rental is not a new phenomenon, the purchase of significant numbers of such homes in a single community is a more recent practice that continues to grow across the country. Buyer acknowledges that, subject to applicable laws, ordinances,

covenants, conditions, and restrictions: (i) Meritage, as the seller, has the full right to sell homes, lots, and other property in the Community owned by it to any buyer it chooses; (ii) other owners of homes, lots, and other property in the Community also have the right to sell such homes, lots, and other property in the Community that they own to any buyer they choose; (iii) such buyers may include individuals and/or entities whose primary business is the rental of residential properties; and (iv) such sales to such buyers may include a significant portion of the Community. As a result, a significant number of the residences in the Community may now, or in the future, be not owner-occupied, but instead occupied by the renters of the owner. Since these sales can occur at any time, including after the sale to the initial homebuyer, Meritage cannot be responsible for or bound by any representation or statement by any sales person or agent as to whether or not any portion of the Community is currently or will be owned by individuals and/or entities whose primary business is the rental of residential properties.

Buyer acknowledges that Buyer’s execution of the Agreement evidenced Buyer’s understanding of and agreement to the foregoing disclosures and acknowledgments, and Buyer’s agreement to release and waive any rights or remedies Buyer may otherwise have now or in the future against Meritage with respect to the matters set forth in this Schedule.

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

SCHEDULE 4 Insurance Agency Notice of Affiliated Business Arrangement

Initially capitalized terms used and not otherwise defined in this Schedule have the meanings given such terms in the New Home Purchase Agreement to which this Schedule is attached. Meritage hereby notifies you that Meritage has a business relationship with Meritage Homes Insurance Agency, Inc. (“MHIA”). Specifically, Meritage and MHIA are each owned, directly or indirectly, one hundred percent (100%) by Meritage Homes Corporation. As a result of this relationship, Meritage’s referral of MHIA may provide Meritage with a financial or other benefit. MHIA is an insurance agency that offers polices of homeowner’s and/or flood insurance for one or more insurance companies. You may receive an insurance quote on the Home from MHIA. Set forth below is the estimated fees or range of fees charged for the settlement services listed. You are NOT required to use MHIA as a condition of your purchase of the Home from Meritage. THERE FREQUENTLY ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES FOR YOU AND THE BEST RATE FOR THESE SERVICES.

Service Fee or Range Approximately 0.2% to 2.5% of the Homeowner’s Insurance Purchase Price Approximately 0.1% to 1.0% of the Flood Insurance Purchase Price

NOTE: The above charges are estimates only, and are subject to change without notice. Further, the cost of insurance may vary due to many factors, including, without limitation, the size, location, and cost of your home. Moreover, if enhancements to the standard policy are requested or required (such as, but not limited to, increased insurance limits, scheduled articles, and/or earthquake coverage), the premium may increase. Actual quote and acceptance by MHIA/the insurance company is subject to application of insurer company underwriting guidelines, including, but not limited to, verification of your credit score and previous loss history.

BUYER’S ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF AFFILIATED BUSINESS ARRANGEMENT: I/We acknowledge that I/we have received and read this Notice of Affiliated Business Arrangement and that I/we understand that Meritage has a business relationship with the entity or entities identified above, and that Meritage may receive a financial or other benefit as the result of Meritage’s referral of such entity or entities.

12/22/2022 Alayna Kowaleski Date

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

SCHEDULE 5

Notice of Affiliated Business Arrangement Initially capitalized terms used and not otherwise defined in this Schedule have the meanings given such terms in the New Home Purchase Agreement to which this Schedule is attached. CAREFREE TITLE AGENCY Meritage hereby notifies you that Meritage has a business relationship with Carefree Title Agency, Inc. (“Carefree”). Specifically, Meritage and Carefree are each owned, directly or indirectly, one hundred percent (100%) by Meritage Homes Corporation. As a result of this relationship, Meritage’s referral of Carefree may provide Meritage with a financial or other benefit. As provided in the Agreement you are NOT required to use Carefree as a condition of your purchase of the Home from Meritage. Set forth below is the estimated fees or range of fees charged for the settlement services listed. You are NOT required to use Carefree as a condition of your purchase of the Home from Meritage. THERE FREQUENTLY ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES FOR YOU AND THE BEST RATE FOR THESE SERVICES.

Service Fee or Range Owner Policy of Title Insurance Approximately 1% of Purchase Price Mortgagee’s Policy of Title Insurance Approximately 0.2% to 0.8% of the loan (simultaneous issue with payment of full amount premium for Owner’s Policy) Policy endorsements (as requested, or as $50 to $150 each required by lender) Approximately 0.2% to 0.5% of the Escrow Fee Purchase Price Recording Fee $55.00 Tax Certificate $5.00 to $10.00

NOTE: The above charges are estimates only, and are subject to change without notice. Buyer will be charged additional closing costs by others, and the list above is not a comprehensive listing of all closing costs and expenses you may incur to purchase or finance the subject property.

MTH MORTGAGE Meritage hereby notifies you that Meritage has a business relationship with MTH Mortgage, LLC, an Arizona limited liability company (“MTH Mortgage”). Specifically, Meritage or one of its affiliates is a member of and owns a sixty-five percent (65%) ownership interest in MTH Mortgage. As a result of this relationship between Meritage and MTH Mortgage, Meritage’s referral of MTH Mortgage may provide Meritage with a financial or other benefit. As provided in the Contract, you are NOT required to use MTH Mortgage as a condition of your purchase of the Home from Meritage. Set forth below is the estimated fees or range of fees charged by MTH Mortgage, LLC for settlement services (lender fees, excluding third party fees). You are NOT required to use MTH Mortgage as a condition of your purchase of the Home from Meritage. THERE FREQUENTLY ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES FOR YOU AND THE BEST RATE FOR THESE SERVICES.

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: PHX Retail Sale Schedule 5 DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Service Fee or Range

Lender Paid Broker Compensation 0 - 4% of Loan Amount

NOTE: The above charges represent only those charges by MTH Mortgage. Buyer will be charged additional closing costs by the escrow/title company/closing attorney and/or lender. MTH Mortgage and/or the applicable lender will provide Buyer with a Good Faith Estimate of Settlement Costs detailing all estimated costs to be charged at settlement.

12/22/2022 Alayna Kowaleski Date

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: PHX Retail Sale Schedule 5 DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

SCHEDULE 6

Public Report Receipt

The developer shall furnish you, as a prospective customer, with a copy of the Public Report required by the Arizona Department of Real Estate. It is recommended that you read the report before you make any written offer to purchase or lease an interest in the development and before you pay any money or other consideration toward the purchase or lease of an interest in the development.

FOR YOUR PROTECTION, DO NOT SIGN THIS RECEIPT UNTIL YOU HAVE

RECEIVED A COPY OF THE REPORT AND HAVE HAD THE OPPORTUNITY TO

READ IT. BY SIGNING THIS RECEIPT, THE BUYER HAS ACCEPTED THE PUBLIC

REPORT AND ACKNOWLEDGES THE INFORMATION IT CONTAINS.

DM22-061014 Rancho Del Rey 45s LN 0073 Public Report Registration No. Development Name Lot No.

I understand the report is not a recommendation or endorsement of the development by the Arizona Department of Real Estate, but is for information only.

12/22/2022 Alayna Kowaleski Date

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: AZ Retail Sale Schedule 6 DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

CREDIT CARD ADDENDUM THIS CREDIT CARD ADDENDUM TO NEW HOME PURCHASE AGREEMENT (this “Addendum”) is entered into by and between Meritage Homes of MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation (“Meritage”), and the undersigned Buyer in connection with that certain New Home Purchase Agreement (together with any and all addenda and amendments thereto existing as of this Addendum, the “Agreement”) entered into between Buyer and Meritage prior to or concurrently herewith, which relates to the purchase by Buyer of the Home (Lot/Unit No.) referenced above and more particularly described in the Agreement. Initially capitalized terms used and not otherwise defined in this Addendum have the meanings given such terms in the Agreement. This Addendum constitutes a part of the Contract. Buyer has requested that Meritage accept the payment of the Initial Deposit via credit card. Meritage is willing to accept the payment of the Initial Deposit, as specified by Meritage (but not any other portion of the Earnest Money), via credit card on the following terms and conditions, to which Buyer hereby agrees: 1. Buyer represents and warrants to Meritage that Buyer will be, at the time of payment of the Initial Deposit, an authorized charger on the credit card used by Buyer to pay the Initial Deposit. 2. Buyer acknowledges and agrees that the credit card charge is made in satisfaction of a current obligation to make the Initial Deposit and cannot be revoked or reversed in any manner. Any attempt to revoke or reverse such payment shall be deemed an immediate breach of the Contract by Buyer and shall entitle Meritage to exercise all rights and remedies under the Contract and otherwise at law or in equity. Further, Buyer shall indemnify Meritage for any claims, costs, damages, and expenses associated with any attempt to revoke or reverse the credit card charge for the Initial Deposit, which obligation shall survive any termination of the Contract. 3. If, at any time, Buyer is entitled to a refund of any portion of the Initial Deposit, said refund will be made via check in favor of all parties constituting Buyer and otherwise in accordance with Buyer’s standard policies and procedures. 4. This Addendum, together with the balance of the Contract, constitutes the entire agreement, whether written or oral, between Buyer and Meritage with respect to the subject thereof. All of the terms, provisions, and conditions of any portion of the Contract that are not expressly modified, amended, supplemented, or clarified by this Addendum (or which, in context, must be deemed modified, amended, or clarified hereby) are hereby ratified and reaffirmed and shall remain in full force and effect. In the event of any conflict between this Addendum and any other portion of the Contract, the provisions of this Addendum shall control. 5. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. The parties’ execution of this Addendum may be evidenced by facsimile signatures, whereupon this Addendum will be deemed binding upon transmittal of the facsimile.

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Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

Rancho Del Rey 45s LN \\ndsprdwusstr.file.core.windows.net\data\resources\lds\00DC0000000Pbr5MAC\a0dC000000BYpj4IAD\ DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

NOTE: This Addendum shall not be effective unless and until it is accepted by an authorized officer of Meritage. Meritage’s Sales Associate does not have authority to accept this Addendum on behalf of Meritage.

AGREED as of the last date below each party’s signature:

THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING.

BUYER:

12/22/2022 Alayna Kowaleski Date

RECEIVED (But Not Accepted):

By: 12/22/2022 Meritage’s Sales Associate Date

THIS ADDENDUM SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY MERITAGE, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS FULLY SIGNED AND COMPLETED.

MERITAGE’S ACCEPTANCE:

MERITAGE HOMES CONSTRUCTION, INC., an Arizona corporation (Phoenix Division)

By:

Its: VP of Finance (must be a Division President, Division Finance Department Head, or Corporate Officer)

Date: 12/23/2022

Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

FINANCING ADDENDUM THIS FINANCING ADDENDUM TO NEW HOME PURCHASE AGREEMENT (this “Addendum”) is entered into by and between MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation (“Meritage”), and the undersigned Buyer to modify and supplement that certain New Home Purchase Agreement entered into between Buyer and Meritage prior to or concurrently herewith, which relates to the purchase by Buyer of the Home (Lot/Unit No.) referenced above and more particularly described in the Agreement. Initially capitalized terms used and not otherwise defined in this Addendum have the meanings given such terms in the Agreement. This Addendum constitutes a part of the Contract. 1. Financing of Purchase Price. Buyer has elected to obtain a mortgage loan to pay all or any portion of the Purchase Price and, as a result thereof, Buyer and Meritage are entering into this Addendum. Buyer acknowledges that if Buyer had elected or hereafter elects to acquire the Home for all cash, rather than financing any portion of the Purchase Price, Buyer and Meritage shall enter into a Cash Purchase Addendum in lieu of this Addendum. 2. Financing Contingency. The sale and purchase contemplated by the Contract is conditioned upon Buyer obtaining loan approval in accordance with the terms and conditions of this Addendum for the following type of financing:  Conventional  FHA Loan  VA Loan  USDA Loan Buyer agrees to use Buyer’s best efforts and due diligence to seek and obtain the type of financing specified above and Buyer shall not change the type of financing without Seller’s prior written consent. 3. Selection of Lender. Buyer shall be solely responsible for selecting and identifying below on this Addendum the lender from whom Buyer intends to obtain financing (the “Lender”). Buyer has been advised and understands that Meritage and “Preferred Lender” (as identified in Section 4 below) may be affiliated companies because Meritage or another entity affiliated with Meritage or its parent company may have a direct or indirect ownership interest in Preferred Lender. If this is the case, then as more fully provided in the Affiliated Business Arrangement Disclosure attached to the Agreement as Schedule 6, because Meritage and Preferred Lender are affiliated, the referral of Preferred Lender by Meritage may provide Meritage with a financial or other benefit. BUYER ACKNOWLEDGES THAT BUYER IS NOT OBLIGATED TO OBTAIN A LOAN FROM PREFERRED LENDER AND BUYER IS SOLELY RESPONSIBLE FOR SELECTING THE LENDER FROM WHOM BUYER OBTAINS FINANCING. If Buyer has elected to obtain financing from a Preferred Lender that is affiliated with Meritage, then Buyer hereby acknowledges Buyer’s approval of the Affiliated Business Arrangement Disclosure attached to the Agreement as Schedule 6 pursuant to the federal Real Estate Settlement Procedures Act, which describes Buyer’s rights and sets forth the estimated ranges of charges that may be provided by such Preferred Lender or by unaffiliated third parties in connection with the services provided by such Preferred Lender. If, prior to the expiration of the “Financing Contingency Period” (defined in Section 7 below), Buyer indicates to Meritage in writing that Buyer does not intend to obtain a loan from Preferred Lender, but rather intends to use an “Alternative Lender” (as identified in Section 4 below), the effectiveness of the Contract shall be conditioned upon Meritage’s approval of such Alternative Lender. If Meritage, in its sole discretion, disapproves of the Alternative Lender, Meritage will notify Buyer of such disapproval within ten (10) days after Buyer’s identification of the Alternative Lender, whereupon either party may cancel the Contract in writing within five (5) days thereafter, in which event any Earnest Money previously paid by Buyer shall be returned to Buyer and neither party shall have any further rights, obligations, or liabilities under the Contract (except for those that specifically survive such cancellation). If Meritage does not deliver notice of Meritage’s disapproval of the Alternative Lender within ten (10) days after Buyer’s identification of the Alternative

Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

AZ Financing Addendum 07252019.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Lender, Meritage shall be deemed to have approved the Alternative Lender. Notwithstanding the foregoing, if Meritage approves or is deemed to have approved an Alternative Lender designated by Buyer prior to the expiration of the Financing Contingency Period in accordance with the preceding sentences, Meritage shall nonetheless have the right at any time thereafter to refuse to deal with such Alternative Lender if, in Meritage’s sole and absolute discretion, the procedures and/or documents required by such Alternative Lender are not satisfactory to Meritage, and in such event Meritage may cancel the Contract, whereupon any Earnest Money previously paid by Buyer shall be returned to Buyer and neither party shall have any further rights, obligations, or liabilities under the Contract (except for those that specifically survive such cancellation). Buyer acknowledges and agrees that, following the expiration of the Financing Contingency Period, Buyer will not be allowed to change the designation of Buyer’s Lender without Meritage’s prior written consent (which consent may be withheld by Meritage in its sole discretion). Consequently, if Meritage (in its sole discretion) fails to provide such written consent, then: (i) such failure to consent shall constitute Meritage’s disapproval of Buyer’s attempted change of Buyer’s Lender designation; and (ii) consistent with the last sentence of Section 5 below, Buyer shall be deemed to be in default under the Contract and Meritage may immediately exercise all rights and remedies under the Contract. 4. Buyer’s Designations. Buyer hereby designates the lender it has selected from which to obtain a loan by initialing beside either “Preferred Lender” or “Alternative Lender” and providing the information related to such lender, as applicable:

 Preferred Lender: Buyer will obtain mortgage financing from Meritage’s Preferred Lender: Meritage’s Preferred Lender: MTH Mortgage Branch Address: 8800 E. Raintree Dr. Suite 145 Scottsdale, AZ 85260 Lender Contact: 003C000001HOxxh Phone #: Buyer acknowledges that the Preferred Lender referenced above may be an affiliate of Meritage. In such event, Meritage has provided Buyer with an Affiliated Business Arrangement Disclosure Statement as part of the Contract.

Buyer's Initials:  Alternative Lender: Buyer will obtain mortgage financing from the following Lender: Lender: Branch Address:

Lender Contact: Phone #:

5. Preferred Provider Credit. If Buyer obtains a mortgage loan for the purchase of the Home through Preferred Lender and selects a Preferred Closing Agent as the Closing Agent in the applicable provision of the Contract and uses such Preferred Closing Agent for the Closing, then at Closing, Meritage and/or Preferred Lender will provide Buyer with a credit in the aggregate amount of $21,599.00 (the “Preferred Provider Credit”). The Preferred Provider Credit may be used solely for Buyer’s closing costs, but may NOT be used to pay any portion of the Purchase Price. Any portion of the Preferred Provider Credit that is unused for any reason will be forfeited. Buyer is free to select an alternate lender or to pay in cash, or to select an alternate Closing Agent, but in any such event, neither Meritage nor Preferred Lender will provide any portion of the Preferred Provider Credit. If this Addendum indicates that Buyer has elected to use a Preferred Lender and the Contract indicates that Buyer has elected to use a Preferred Closing Agent, but Buyer does not actually receive mortgage financing for the Home through Preferred Lender and/or use Preferred Closing Agent for Closing, Buyer will not be entitled to any portion of the Preferred Provider Credit. Since Meritage and Preferred Lender are free to allocate payment of the Preferred Provider Credit between them in such manner as they may elect, Buyer is advised that the Closing Statement prepared for the Closing may not reflect the entire Preferred Provider Credit on a single line of such Closing Statement, but instead may reflect the applicable portion provided by Meritage and the applicable portion provided by Preferred Lender as separate line items, which together will equal the aggregate Preferred Provider Credit.

Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

AZ Financing Addendum 07252019.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

NOTE: THE PREFERRED PROVIDER CREDIT IS LIMITED IN ALL EVENTS TO ANY APPLICABLE GOVERNMENTAL AND LENDER RESTRICTIONS, AND SHALL BE REDUCED TO THE EXTENT REQUIRED BY ANY SUCH RESTRICTIONS. FURTHER, IN NO EVENT MAY THE PREFERRED PROVIDER CREDIT EXCEED THE SUM OF THREE PERCENT (3%) OF THE BASE PRICE OF THE HOME (INCLUDING ANY LOT/UNIT PREMIUM) AND IF, FOR ANY REASON WHATSOEVER, THE PREFERRED PROVIDER CREDIT SPECIFIED IN THIS ADDENDUM EXCEEDS SUCH AMOUNT, THEN THE PREFERRED PROVIDER CREDIT WILL BE REDUCED AUTOMATICALLY TO THE SUM OF THREE PERCENT (3%) OF THE BASE PRICE OF THE HOME (INCLUDING ANY LOT/UNIT PREMIUM). 6. Loan Application. Within three (3) days after signing this Addendum, Buyer will submit a complete, truthful, and proper loan application to Lender for a mortgage loan sufficient to enable Buyer to consummate the purchase of the Home in accordance with the terms and conditions of the Contract, together with true, correct, and complete copies of the following documents: (i) Buyer’s two most recent pay stubs (ii) Buyer’s two most recent years of W-2's (all jobs) (iii) Buyer’s two most recent asset statements (all accounts, all pages) (iv) Buyer’s two most recent tax returns if self-employed (all pages and all schedules) (v) Detailed 2-year mortgage or rental history for Buyer (vi) Detailed 2-year employment history for Buyer (vii) Any other information specified by the Lender in the loan application Thereafter, Buyer shall diligently pursue the “Loan Approval” (defined in Section 7 below), including, without limitation, providing Lender with all documents reasonably requested by Lender promptly upon request by Lender. 7. Loan Approval. Buyer shall have twenty-one (21) days from the Agreement Date (the “Financing Contingency Period”) to obtain a loan approval from Lender (the “Loan Approval”) that satisfies all of the following requirements: (i) it is in writing on Lender’s customary form; (ii) it is for a mortgage loan in an amount sufficient to consummate the acquisition of the Home in accordance with the terms of the Contract; (iii) it is provided only after the applicable loan underwriter has conducted a complete review of Buyer’s credit and all relevant and required financial and other documentation (including, but not limited to, all documentation identified in any condition to approval initially specified by the loan underwriter); and (iv) ALL conditions to funding the loan at the Closing have been satisfied in full, and the approval is subject to no conditions whatsoever, other than (A) the customary appraisal condition to be satisfied upon completion of construction of the Home, and (B) the customary condition that no adverse change occurs in the financial condition or credit worthiness of Buyer. Buyer understands that an appraiser may not give full value to the Home; consequently, Buyer should be prepared to pay cash for any portion of the Purchase Price that will not be funded from loan proceeds. If Buyer fails to fully and timely comply with any of Buyer’s obligations under this Addendum or if Buyer withholds, manipulates, or provides false, misleading, incomplete, or insufficient information that results in delay or loan rejection, regardless of intent, Buyer will be in default under the Contract. Buyer authorizes Meritage to order and obtain a credit report regarding Buyer from a credit-reporting agency or other source. Buyer also authorizes Meritage to contact Lender regarding the status of Buyer’s financing and authorizes Lender to disclose to Meritage all information regarding Buyer’s loan and loan application. Buyer shall provide Meritage with written evidence of the Loan Approval, and of any conditional loan approval obtained prior thereto, immediately upon Buyer’s receipt thereof (and Buyer shall thereafter diligently pursue the satisfaction of all conditions to and requirements of such conditional loan approval so that a Loan Approval may be obtained timely). If Meritage, in its sole and absolute discretion, is not satisfied with the Loan Approval or Buyer’s efforts to obtain the Loan Approval, Meritage may cancel the Contract. If, after Buyer’s good faith, best, and diligent efforts, Buyer’s loan qualification or approval request is rejected by Lender within the Financing Contingency Period (as evidenced by Buyer’s delivery to Meritage of Lender’s written disapproval documentation prior to the expiration of the Financing Contingency Period), then Buyer may cancel the Contract by providing Meritage and Escrow Agent with a written cancellation notice prior to the expiration of the Financing Contingency Period. If the Contract is canceled pursuant to either of the two immediately preceding sentences, the Earnest Money shall be returned to Buyer less Meritage’s retention of the following two sums: (X) an amount equal to two hundred fifty dollars ($250.00) to reimburse Meritage for its expenses in processing and administering the Contract; and (Y) an amount equal to the price of any Options (as defined below) selected by Buyer and actually ordered and/or installed by Meritage. Upon cancellation of the Contract in accordance with this Section, neither party shall thereafter have any further rights, obligations, or liabilities to the other party under the Contract (except for those that specifically survive such cancellation). If Buyer does not provide such cancellation notice (supported by Lender’s written disapproval documentation) to Meritage prior to the expiration of the Financing Contingency Period, the financing contingency provided in this Addendum shall be deemed fully satisfied or waived by Buyer and all Earnest Money shall thereafter be nonrefundable, and Buyer shall thereafter be obligated to fully and timely comply with all terms,

Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

AZ Financing Addendum 07252019.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

provisions, and conditions of the Contract; provided, however, that in such event, Meritage also will have the option to (1) extend the period of time for Buyer to obtain the Loan Approval, which extension may be given solely in writing (no verbal extensions may be granted) and Meritage may condition any such extension upon Buyer entering into a separate Contingency Addendum to the Contract to address any conditions set forth in any conditional loan approval, or (2) terminate the Contract. Once Loan Approval is obtained by Buyer, if Buyer subsequently fails to diligently pursue all requirements and conditions with respect to the loan, or Buyer refuses to fully and timely satisfy or fulfill any requirements or conditions with respect to Lender’s funding of the loan, or Buyer attempts to change lenders without Meritage’s written consent (which consent may be withheld by Meritage in its sole discretion), or Lender rescinds the Loan Approval, or Lender for any reason declines to fund the loan to Buyer, then upon the occurrence of any such event, Buyer shall be deemed to be in default under the Contract and Meritage may immediately exercise all of its rights and remedies under the Contract. 8. Buyer’s Relationship with Lender. Buyer acknowledges and agrees that the financing arrangement and relationship shall be solely between Buyer and Buyer’s Lender (whether or not Buyer has selected the Preferred Lender), and in no event shall Meritage have any responsibility, obligation, or liability for any matters or disputes that arise in connection with such financing arrangement. In no event will Closing be delayed because of financing considerations or because of disputes between Buyer and Buyer’s Lender. If Buyer locks into a loan program with Lender, Buyer shall bear all risks of lock expiration and rate fluctuations. Buyer agrees to pay all loan origination fees, discount points, other mortgage costs and expenses, mortgage insurance premiums, appraisal fees, credit report fees, lender’s title insurance policy premiums, prepaid items and impounds and holdbacks required by Lender, and all other costs and expenses relating to Buyer’s financing arrangement, which amounts shall be payable by Buyer in addition to any closing costs payable by Buyer pursuant to the Contract. 9. FHA/VA Loans. Notwithstanding any other provision of the Contract, if Meritage, in its sole discretion, has elected to qualify the Community for FHA and/or VA financing and if Buyer has specified in Section 2 above that Buyer elects to complete the purchase with funds from an FHA or VA loan, Buyer shall not incur any penalty by forfeiture of the Initial Deposit or any Additional Deposit or otherwise be obligated to complete the purchase of the Home if the Purchase Price exceeds the appraised value of the Home established by the FHA or VA, whichever is applicable. Buyer shall have the privilege and option, however, of consummating the purchase contemplated hereunder without regard to the appraised value established by the FHA or VA, and Seller shall have the privilege and option of reducing the Purchase Price to the appraised value established by the FHA or VA, in which case Buyer shall consummate the purchase of the Home at the reduced Purchase Price. The appraised value, for purposes of this section, is that value arrived at to determine the maximum loan that FHA or VA will insure or guarantee. FHA and VA do not warrant the value or the condition of the Home. All deposits received from a Buyer utilizing VA financing (as specified in Section 2 above) will be placed in a special trust account or neutral escrow account as required by 38 USC Section 3706. 10. Miscellaneous. (a) Buyer acknowledges and agrees that: (i) this Addendum sets forth all terms, conditions, requirements, and provisions applicable to Buyer’s financing of the Home; and (ii) Buyer will promptly provide Buyer’s Lender with copies of all future addenda to the Contract and all updated Selection Orders. (b) This Addendum, together with the balance of the Contract, constitutes the entire agreement, whether written or oral, between Buyer and Meritage with respect to the subject thereof. All of the terms, provisions, and conditions of any portion of the Contract that are not expressly modified, amended, supplemented, or clarified by this Addendum (or which, in context, must be deemed modified, amended, or clarified hereby) are hereby ratified and reaffirmed and shall remain in full force and effect. In the event of any conflict between this Addendum and any other portion of the Contract, the provisions of this Addendum shall control. (c) This Addendum may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. The parties’ execution of this Addendum may be evidenced by facsimile signatures, whereupon this Addendum will be deemed binding upon transmittal of the facsimile.

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Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

AZ Financing Addendum 07252019.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

AGREED as of the last date below each party’s signature:

THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING.

BUYER:

12/22/2022 Alayna Kowaleski Date

RECEIVED (But Not Accepted):

By: 12/22/2022 Meritage’s Sales Associate Date

THIS ADDENDUM SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY MERITAGE, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS FULLY SIGNED AND COMPLETED.

MERITAGE’S ACCEPTANCE:

MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation

By:

Its: VP of Finance (must be a Division President, Division Finance Department Head, or Corporate Officer)

Date: 12/23/2022

Lot: 0073 Buyer's Initials: Buyer: Alayna Kowaleski

AZ Financing Addendum 07252019.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

COMMUNITY DISCLOSURE ADDENDUM THIS COMMUNITY DISCLOSURE ADDENDUM TO NEW HOME PURCHASE AGREEMENT (this “Addendum”) is entered into by and between MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation (“Meritage”), and the undersigned Buyer to modify and supplement that certain New Home Purchase Agreement (the “Agreement”) entered into between Buyer and Meritage prior to or concurrently herewith, which relates to the purchase by Buyer of the Home (Lot/Unit No.) referenced above and more particularly described in the Agreement. Initially capitalized terms used and not otherwise defined in this Addendum have the meanings given such terms in the Agreement. This Addendum constitutes a part of the Contract. 1. Buyer Acknowledgment. This is an important document. Meritage requires that Buyer sign this Addendum under “Buyer’s Acknowledgment of Receipt of Disclosure Addendum” as an indication that Buyer has received and read the entire Addendum and that Buyer agrees to waive any rights or remedies Buyer may otherwise have now or in the future with respect to the matters set forth in this Addendum. The disclosures made in this document are in addition to any other disclosures made to Buyer in any other part of the Contract, pursuant to applicable law, as set forth in any declaration, covenants, conditions, and/or restrictions applicable to the Home and/or the Community, and/or otherwise in writing with respect to the Community and/or Home, and all of such other disclosures are hereby incorporated in this Addendum as if fully set forth herein. 2. Insulation Disclosure. Applicable laws and regulations require Meritage to provide Buyer with the following information concerning insulation installed or to be installed in the Home: Cathedral Attic Insulation: R-13 Vaults: “Knee Walls" separating air- R-13 conditioned space from "attic space": Wall at perimeter of air-conditioned R-13 area: Floor (Where Applicable): R-13

SPF also functions to reduce convection, thereby increasing the effective insulation properties on the walls and attic to equal to or greater than code requirements. NOTE: THE INSULATION LISTED ABOVE WILL TYPICALLY BE INSTALLED ONLY WITHIN THE LIVING AREA ENVELOPE. *R-Value measures resistance to heat flow. This R-Value information is based solely on the information given by the appropriate manufacturers (based on the thicknesses listed), and Buyer agrees that Meritage is not responsible for the manufacturers’ errors. All of the foregoing information is subject to Meritage’s general right to make changes in the Plan (including to the insulation) and to applicable limitations of Meritage’s liability to Buyer. Upon any such change of the insulation, Meritage will provide Buyer with notice thereof. All insulation material shall be made by a national, name-brand manufacturer. Upgraded insulation will be added to the Home only if such upgraded insulation is itemized on the Selection Order, as updated, and the foregoing information will be applicable to the Home unless Buyer and Meritage enter into a separate addendum with respect to the insulation installed or to be installed in the Home.

3. Receipt of Documents and Information. Buyer hereby acknowledges receipt of the following documents:

INITIAL (as applicable)

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: PHX Community Disclosure Addendum 081116.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

1. Making Ownership Easy Homeowners’ Manual

2. Public Report

3. CC&Rs of the Master Association

4. CC&Rs of the Homeowners Association

5. Condominium Plan

6. Condominium Declaration

7. Articles of Incorporation of the Master Association

8. Articles of Incorporation of the Homeowners Association

9. Articles of Incorporation of the Condominium Association

10. Bylaws of the Master Association

11. Bylaws of the Homeowners Association

12. Bylaws of the Condominium Association

13. Budget of the Master Association

14. Budget of the Homeowners Association

15. Budget of the Condominium Association

16. Architectural Guidelines of Master Association

17. Architectural Guidelines of Homeowners Association

18. Architectural Guidelines of Condominium Association

19. Rules and Regulations of Master Association

20. Rules and Regulations of Homeowners Association

21. Rules and Regulations of Condominium Association

22. A statement of the outstanding delinquent assessments and related charges of the Master Association

23. A statement of the outstanding delinquent assessments and related charges of the Homeowners Association

24. A statement of the outstanding delinquent assessments and related charges of the Condominium Association

25. Notice(s) of Special Tax, if applicable (List each Notice)

26. Other:

27. Other:

ALL OF THE ABOVE-MENTIONED DOCUMENTS ARE IMPORTANT TO BUYER’S PURCHASE OF THE PROPERTY. BY SIGNING BELOW, BUYER ACKNOWLEDGES THAT BUYER HAS RECEIVED ALL OF THE ABOVE DOCUMENTS AND HAD THE OPPORTUNITY TO READ THEM PRIOR TO EXECUTING THE NEW HOME PURCHASE AGREEMENT. 4. Public Report. See the Public Report for the Community for various disclosures, all of which are incorporated herein by this reference. 5. Community Disclosures. A. Homeowners’ Association. The Community and the Home are subject to and bound by one or more declarations of covenants, conditions, restrictions, and easements, tract declarations, and/or similar instruments (collectively, the “CCRs”). In connection therewith one or more owners’ associations (each an “Association”) have been established for the purpose of governing

the affairs of the Community and to own, operate, and maintain any common areas within the Community designated on the plat(s) for the Lot and/or Community, or in the CCRs, as being for the common use of the members of the Association (the “Common Areas”) and for the additional purpose of enforcing the CCRs, with the goal of enhancing and maintaining the desirability of the Community. At Closing, Buyer shall become a member of the Association and, thereafter, must abide by all terms and conditions of the CCRs, the Association’s Articles of Incorporation and Bylaws, all management agreements entered into by the Association, any rules and regulations and architectural and/or landscaping guidelines for the Association (if applicable), and any other recorded covenants, conditions, and restrictions affecting the Home. Buyer hereby acknowledges receipt of copies of the CCRs and the Articles of Incorporation and Bylaws for the Association. At Closing, Buyer shall pay to the Association any amounts required to be paid pursuant to the CCRs or by the Association in connection with the transfer of the Home to Buyer, including, without limitation, any payments required to establish operating and/or maintenance reserves for the Community. Buyer acknowledges that nominees of Meritage may serve as officers and/or directors of the Association (and/or on committees thereof) and Buyer hereby authorizes such nominees to act for and on behalf of the Association in entering into any and all agreements or other arrangements as are provided for in or contemplated or authorized by the CCRs, on such terms and conditions as such nominees may deem reasonable, and Buyer acknowledges that Meritage will have no liability therefor. Buyer further acknowledges that the CCRs and/or any of the related rules, regulations, guidelines, etc. may be modified from time to time in accordance with the terms of the CCRs and/or other applicable Association governing documents, and that neither Meritage nor any of its actual or purported agents, representatives, or employees is authorized to make any representation to Buyer about such matters, and any such representation is hereby expressly disclaimed. Buyer acknowledges that the CCRs are applicable solely to the property described therein, and that lots and/or homes adjacent to and/or within the general boundaries of the Community may not be subject to the CCRs.

6. Miscellaneous. In the event of any conflict between this Addendum and any other portion of the Agreement, the provisions of this Addendum shall control. The execution of this Addendum may be evidenced by facsimile signatures, whereupon this Addendum will be deemed binding upon transmittal of the facsimile. BUYER’S ACKNOWLEDGEMENT OF RECEIPT OF DISCLOSURE ADDENDUM: I/We acknowledge that I/we have received and read this Addendum and the Public Report applicable to the Home and that I/we agree to waive any rights or remedies I/we may otherwise have now or in the future with respect to the matters set forth in this Addendum and the Public Report. I/We also realize that this Addendum and the Public Report contain important information affecting my/our rights and obligations and I/we have familiarized myself/ourselves with the contents of this Addendum and the Public Report. I/We agree that the acknowledgments, waivers, and disclaimers herein shall survive the Closing. THIS IS A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY BEFORE SIGNING.

BUYER:

12/22/2022 Alayna Kowaleski Date

12/22/2022 2:14 AM Meritage Homes Corporation Selected Options Rancho Del Rey 45s LN Alayna Kowaleski Suroprise, AZ 85387 34807 N 32nd Drive #2031 Phoenix, AZ 85086 (563) 639-1426

Plan and Homesite Sale Information

Plan 1240 D-135.1240 Date December 21, 2022 Tract Sale S-248080 Homesite 0073 Design Agent Address 25331 N 144th Lane Sales Agent Donna Manderscheid Stage Frame/Intermediate Ins. Compl.

Option Selections Option Quantity Selected Extended Price EXT9000 - EXTERIOR COLOR SCHEME SELECTION 1 $0.00 #3 Spanish GD03122B - CALM-36\" BENTON SASPAR CAB, CAB,HRDW 1 $0.00 ASHEN WHITE GRNT, CM/ BOWL,TRACY GLEN ECRU CRPT 5#3/ PAD, MARAZZI BELCLAIRE WHITE 12X12TILE ,CHRME PLBG FIXTURES & ACCS, SN DAKOTA HANDLE SET

HVAC2 - 2 STAGE HVAC SYSTEM 1 $0.00

INNSTD2 - INNOVATION STANDARD INDOOR airPLUS 1 $0.00 CERTIFICATION AND MERV 13 AIR FILTER

LNSILVER - SILVER SPEC LEVEL; INCLUDES STANDARD APL, 1 $0.00 FIBERGLASS SHWR PAN AND SURROUNDS W/ SLIDE IN TUB (PER PLAN) AT PRIMARY BATH

LPLM001A - GAS STUB TO PATIO *LOCATION PER PLAN *MUST 1 $1,000.00 BE SELECTED AT TIME OF START

MCNNCT30 - M.CONNECT 3.0 1 $0.00

ZCABCALM - CALM PACKAGE - CABINET PRODUCT UPGRADE 1 $0.00 - CHATHAM UMBER TO BENTON BIRCH SASPARILLA

$1,000.00

YOU ARE HEREBY AUTHORIZED AND INSTRUCTED TO PURCHASE MATERIAL AND PERFORM SUCH OTHER WORK AS ABOVE SPECIFIED, MAKE CHANGES IN PLANS AND SPECIFICATIONS NECESSARY TO COMPLETE THESE DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

12/22/2022 2:14 AM ALTERATIONS OR ADDITIONS. IT IS FURTHER AGREED THAT NO REFUNDS CAN BE MADE AFTER MATERIALS HAVE BEEN PURCHASED AND/OR WORK COMMENCED.

The undersigned buyers acknowledge that they have read this option selection and checked it for accuracy. These selections are final as to the buyer, however, if for any reason, the foregoing materials are unavailable, the buyers will be given the opportunity to reselect these items.

Approvals:

12/22/2022 Alayna Kowaleski Date

12/22/2022 Donna Manderscheid Date Sales Associate DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

12/22/2022 2:14 AM

Meritage Homes Corporation Deposit Log Rancho Del Rey 45s LN Alayna Kowaleski Suroprise, AZ 85387 34807 N 32nd Drive #2031 Phoenix, AZ 85086 (563) 639-1426

Payment Plan and Homesite Summary

Plan 1240 D-135.1240 Earnest Money Deposits Tract Required: $5,000.00

Homesite 0073 Due: $0.00

MTH Job No. [number redacted] Received $5,000.00 Address 25331 N 144th Lane Stage Frame/Intermediate Ins. Compl. Option Deposits

Required: $0.00

Due: $0.00

Sale Information Received $0.00

Custom Option Deposits Date 12/21/2022 Sale S-248080 Required: $0.00

Design Agent Due: $0.00

Sales Agent Donna Manderscheid Received $0.00

Other Deposits

Required: $0.00

Due:

Received: $0.00

Total Received $5,000.00 DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

12/22/2022 2:14 AM

Type Due Date Received Check Number Check Description Amount Date Type Earnest Money 12/21/2022 12/21/2022 Credit $5,000.00 Card

Approvals:

12/22/2022 Alayna Kowaleski Date

12/22/2022 12/23/2022 Donna Manderscheid Date Eric Peterson Date Sales Associate VP of Finance

Staple Check Here DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

MISCELLANEOUS ADDENDUM NO. 1 THIS MISCELLANEOUS ADDENDUM NO. 1 TO NEW HOME PURCHASE AGREEMENT (this “Addendum”) is entered into by and between MERITAGE HOMES OF ARIZONA, INC., AN ARIZONA CORPORATION, an Arizona corporation (“Meritage”), and the undersigned Buyer to modify and supplement that certain New Home Purchase Agreement (the “Agreement”) entered into between Buyer and Meritage prior to or concurrently herewith, which relates to the purchase by Buyer of the Home (Lot/Unit No.) referenced above and more particularly described in the Agreement. Initially capitalized terms used and not otherwise defined in this Addendum have the meanings given such terms in the Agreement. This Addendum constitutes a part of the Contract. 1. Modification of Agreement. Buyer and Meritage hereby modify the Contract as follows:  Buyer’s Information Schedule Update: The information set forth in Buyer’s Information Schedule is hereby updated as follows: .  Remove Buyer: The term “Buyer” is hereby amended to remove the following: , and this Addendum is executed by such person/entity solely to confirm that she/he/it has relinquished and disclaimed any and all interest in, to, and under the Contract and/or the Home.  Add Buyer: The term “Buyer” is hereby amended to add the following: , and this Addendum is executed by such person/entity to confirm that (a) she/he/it has read the Contract in its entirety and hereby joins in, and agrees to be bound by, the Contract.  Modify Name of Buyer: The term “Buyer” is hereby amended to mean: .  Contract Termination / Deposit Transfer: Prior to entering into the Agreement and this Addendum, Buyer and Meritage entered into a New Home Purchase Agreement with respect to Lot/Unit No. 0073/, of Rancho Del Rey 45s LN (the “Prior Agreement”). In connection with the Prior Agreement, Buyer has paid one or more deposits in the aggregate amount of $5,000.00 (the “Existing Deposit”). Buyer and Meritage hereby acknowledge and agree that the Prior Agreement is hereby terminated and the Existing Deposit is hereby transferred to, and shall constitute a portion of the Deposit under, the Contract. In the event that any portion of the Existing Deposit is held in escrow by an escrow agent that differs from Escrow Agent identified with respect to the Contract, Buyer and Seller hereby direct such party to deliver the Existing Deposit to the Escrow Agent identified with respect to the Contract.  Other: Buyer and Seller agree, Seller/Preferred Lender will contribute 6% of the final purchase price, or up to the maximum allowed by Buyer’s loan program, towards Buyer’s closing costs, prepaids, interest rate buydown and HOA dues, only when using MTH for financing and Carefree Title as the Preferred Closing Agent.

2. This Addendum, together with the balance of the Contract, constitutes the entire agreement, whether written or oral, between Buyer and Meritage with respect to the subject thereof. All of the terms, provisions, and conditions of any portion of the Contract that are not expressly modified, amended, supplemented, or clarified by this Addendum (or which, in context, must be deemed modified, amended, or clarified hereby) are hereby ratified and reaffirmed and shall remain in full force and effect. In the event of any conflict between this Addendum and any other portion of the Contract, the provisions of this Addendum shall control. 3. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. The parties’ execution of this Addendum may be evidenced by facsimile signatures, whereupon this Addendum will be deemed binding upon transmittal of the facsimile.

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: Miscellaneous Addendum.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

AGREED as of the last date below each party’s signature: THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING. BUYER:

12/22/2022 Alayna Kowaleski Date

RECEIVED (But Not Accepted):

By: 12/22/2022 Meritage’s Sales Associate Date

THIS ADDENDUM SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY MERITAGE, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS FULLY SIGNED AND COMPLETED.

MERITAGE’S ACCEPTANCE:

MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation

By:

Its: VP of Finance (must be a Division President, Division Finance Department Head, or Corporate Officer)

Date: 12/23/2022

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: Miscellaneous Addendum.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Community: Rancho Del Rey 45s LN Tract (Map No.): Phase: 000/Block: Lot/Unit No: 0073/ Buyer: Alayna Kowaleski

Homesite: 0073

MERITAGE HOMES NEW HOME PURCHASE AGREEMENT

BROKER REGISTRATION AND COMMISSION ADDENDUM THIS BROKER REGISTRATION AND COMMISSION ADDENDUM TO NEW HOME PURCHASE AGREEMENT (this “Addendum”) is entered into in connection with that certain New Home Purchase Agreement (the “Agreement”) by and between MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation, (“Meritage”), and the undersigned Buyer with respect to the purchase by Buyer of the Home (Lot/Unit No.) referenced above and more particularly described in the Agreement. Initially capitalized terms used and not otherwise defined in this Addendum have the meanings given such terms in the Agreement. This Addendum constitutes a part of the Contract. 1. Buyer’s Broker. Buyer represents and warrants to Meritage that Buyer has not dealt with any agents, brokers, salespersons, finders, or other persons in connection with Buyer’s decision to purchase the Home and enter into the Contract other than the following (“Buyer’s Broker”): ALL INFORMATION MUST BE COMPLETED

Agent Name:( if applicable) Alayna Ellen Kowaleski Address: 31612 N 23RD AVE Phoenix, AZ 85085 Phone: (563) 639-1426 Email: [email redacted] Agent Arizona License #: SA689347000 Broker/Firm Name (as shown on income tax return): BROKERS ONLY LLC Check appropriate box:  Individual/Sole Proprietorship  Corporation  Partnership  Limited Liability Company. Enter tax classification (D=disregarded entity; C=corporation; P=partnership)  Other Broker Address: 31612 N 23rd Ave Phoenix, AZ 85085 Broker Arizona License #: LC660241000

2. Broker Representation/Certification. Buyer’s Broker represents to Meritage that the license information set forth above is true and correct and that the person/entity identified above holds the valid real estate broker’s license or agent’s license, as applicable, identified above and issued by the applicable governmental agency in the state where the Home is located. 3. Commission. Meritage agrees to pay Buyer’s Broker a commission (the “Commission”) equal to Three percent (3.00%) plus 1.000%. All Commission will be paid if, and only if, the Closing of the Home occurs in accordance with the terms and conditions of the Contract. Meritage reserves the right to amend and/or terminate, in its sole discretion, any contract, agreement, term, condition, and/or offer with Buyer, and Meritage’s obligation to pay any of the Commission to Buyer’s Broker is contingent in all events upon the actual occurrence of the Closing of the Home in accordance with the terms and conditions of the Contract. In NO event will Buyer’s Broker have any rights in or to the Earnest Money and/or any other deposit or fee made or paid by Buyer, and any Commission paid to Buyer’s Broker will be paid solely through proceeds arising from the Closing of the Home in accordance with the terms and conditions of the Contract. Each of Buyer and Buyer’s Broker represents and warrants to Meritage that no portion of the Commission will be paid or otherwise delivered to Buyer unless properly disclosed and reflected on the final HUD Settlement Statement prepared in connection with the Closing, and unless allowed by each lender providing financing for Buyer in connection with the acquisition of the Home at the Closing. Buyer’s Broker acknowledges and agrees that Buyer’s Broker shall be entitled to only one (1) check/wire transfer for the entire Commission, and neither Meritage nor the Escrow Agent shall be required to deliver the Commission in the form of multiple checks/wire transfers. Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: Broker Registration Commission Addendum 013015.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

4. Other Incentives Disclosure. Buyer acknowledges that in addition to any commission described above, Meritage may, from time to time, offer various incentive programs to buyer agents and/or brokers in connection with sales of Meritage’s homes, which incentives may include, without limitation, commission advances, gift certificates or vouchers for travel and/or consumer goods, and other incentives associated with the sales of Meritage homes. Buyer should consult with Buyer’s Broker if Buyer would like additional information about any broker/agent incentive programs that may be applicable in connection with Buyer’s purchase of the Home.

5. Miscellaneous. This Addendum, along with the Contract, as applicable, constitutes the entire agreement, whether written or oral, between the parties hereto with respect to the subject thereof. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. The execution of this Addendum may be evidenced by facsimile signatures, whereupon this Addendum will be deemed binding upon transmittal of the facsimile. NOTE: This Addendum shall not be effective unless and until it is accepted by an authorized officer of Meritage. Meritage’s Sales Associate does not have authority to accept this Addendum on behalf of Meritage. AGREED as of the last date below each party’s signature: THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY BEFORE SIGNING. BUYER:

12/22/2022 Alayna Kowaleski Date

AS A CONDITION TO PAYMENT OF ANY COMMISSION BY MERITAGE, AND IN ADDITION TO ANY OTHER CONDITIONS, BUYER’S BROKER ACKNOWLEDGES THAT IT MUST EXECUTE AND DELIVER TO MERITAGE PRIOR TO CLOSING A VALID, CURRENT IRS FORM W-9 FOR BROKER. FAILURE TO EXECUTE AND DELIVER PRIOR TO CLOSING CONSTITUTES THE WAIVER BY BUYER’S BROKER OF ANY RIGHT TO A COMMISSION IN CONNECTION WITH BUYER’S PURCHASE OF THE HOME.

BUYER’S BROKER: Signature:

Its:

Date: 12/22/2022

RECEIVED (But Not Accepted):

By: 12/22/2022 Meritage’s Sales Associate Date

Lot: 0073 Buyer: Alayna Kowaleski Buyer's Initials: Broker Registration Commission Addendum 013015.docx DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

THIS ADDENDUM SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY MERITAGE, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS FULLY SIGNED AND COMPLETED. MERITAGE’S ACCEPTANCE:

MERITAGE HOMES OF ARIZONA, INC., an Arizona corporation

By:

Its: VP of Finance (must be a Division President, Division Finance Department Head, or Corporate Officer)

Date 12/23/2022

Form W-9 Request for Taxpayer Give Form to the requester. Do not (Rev. December 2014) Identification Number and Certification send to the IRS. Internal Revenue Service Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

Business name/disregarded entity name, if different from above See Specific Instructions on page 2.

Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not individuals; see Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate instructions on page 3): single-member LLC Print or type

Exempt payee code (if any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Exemption from FATCA reporting Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. code (if any) Other (see instructions) ▶ (Applies to accounts maintained outside the U.S.)

Address (number, street, and apt. or suite no.) Requester’s name and address (optional)

City, state, and ZIP code

List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other – – entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. –

Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. person ▶

General Instructions • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. • Form 1099-C (canceled debt) Future developments. Information about developments affecting Form W-9 (such • Form 1099-A (acquisition or abandonment of secured property) as legislation enacted after we release it) is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S. person (including a resident alien), to Purpose of Form provide your correct TIN. An individual or entity (Form W-9 requester) who is required to file an information If you do not return Form W-9 to the requester with a TIN, you might be subject return with the IRS must obtain your correct taxpayer identification number (TIN) to backup withholding. See What is backup withholding? on page 2. which may be your social security number (SSN), individual taxpayer identification By signing the filled-out form, you: number (ITIN), adoption taxpayer identification number (ATIN), or employer 1. Certify that the TIN you are giving is correct (or you are waiting for a number identification number (EIN), to report on an information return the amount paid to to be issued), you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: 2. Certify that you are not subject to backup withholding, or • Form 1099-INT (interest earned or paid) 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of • Form 1099-DIV (dividends, including those from stocks or mutual funds) any partnership income from a U.S. trade or business is not subject to the • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) withholding tax on foreign partners' share of effectively connected income, and • Form 1099-B (stock or mutual fund sales and certain other transactions by 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are brokers) exempt from the FATCA reporting, is correct. See What is FATCA reporting? on • Form 1099-S (proceeds from real estate transactions) page 2 for further information. • Form 1099-K (merchant card and third party network transactions)

Cat. No. 10231X Form W-9 (Rev. 12-2014) DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Form W-9 (Rev. 12-2014) Page 2

Note. If you are a U.S. person and a requester gives you a form other than Form 3. The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN, you must use the requester’s form if it is substantially 4. The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return (for reportable interest Definition of a U.S. person. For federal tax purposes, you are considered a U.S. and dividends only), or person if you are: 5. You do not certify to the requester that you are not subject to backup • An individual who is a U.S. citizen or U.S. resident alien; withholding under 4 above (for reportable interest and dividend accounts opened • A partnership, corporation, company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding. See Exempt • An estate (other than a foreign estate); or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. • A domestic trust (as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person, and pay the section 1446 withholding tax. Therefore, if you are a United States persons. Certain payees are exempt from FATCA reporting. See U.S. person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States, provide Form W-9 to the partnership to establish your U.S. status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S. status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person. For example, you may need to • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, of a grantor trust dies. the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a Penalties grantor trust) and not the beneficiaries of the trust. Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are Foreign person. If you are a foreign person or the U.S. branch of a foreign bank subject to a penalty of $50 for each such failure unless your failure is due to that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax Civil penalty for false information with respect to withholding. If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien. Generally, only a nonresident you are subject to a $500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on Criminal penalty for falsifying information. Willfully falsifying certifications or certain types of income. However, most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a “saving clause.” Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1. The treaty country. Generally, this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line; do not leave this line blank. The 2. The treaty article addressing the income. name should match the name on your tax return. 3. The article number (or location) in the tax treaty that contains the saving If this Form W-9 is for a joint account, list first, and then circle, the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4. The type and amount of income that qualifies for the exemption from tax. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) 5. Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change, enter your first name, the last name as shown on your social article. security card, and your new last name. Example. Article 20 of the U.S.-China income tax treaty allows an exemption Note. ITIN applicant: Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a. This should also be the same as the name you entered on in the United States. Under U.S. law, this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, b. Sole proprietor or single-member LLC. Enter your individual name as 1984) allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, Chinese student becomes a resident alien of the United States. A Chinese student or “doing business as” (DBA) name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol) and is c. Partnership, LLC that is not a single-member LLC, C Corporation, or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation. Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business, trade, or DBA name on line 2. information described above to support that exemption. d. Other entities. Enter your name as shown on required U.S. federal tax If you are a nonresident alien or a foreign entity, give the requester the documents on line 1. This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. Backup Withholding e. Disregarded entity. For U.S. federal tax purposes, an entity that is What is backup withholding? Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a “disregarded under certain conditions withhold and pay to the IRS 28% of such payments. This entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on is called “backup withholding.” Payments that may be subject to backup line 1. The name of the entity entered on line 1 should never be a disregarded withholding include interest, tax-exempt interest, dividends, broker and barter entity. The name on line 1 should be the name shown on the income tax return on exchange transactions, rents, royalties, nonemployee pay, payments made in which the income should be reported. For example, if a foreign LLC that is treated settlement of payment card and third party network transactions, and certain as a disregarded entity for U.S. federal tax purposes has a single owner that is a payments from fishing boat operators. Real estate transactions are not subject to U.S. person, the U.S. owner's name is required to be provided on line 1. If the backup withholding. direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on You will not be subject to backup withholding on payments you receive if you line 2, “Business name/disregarded entity name.” If the owner of the disregarded give the requester your correct TIN, make the proper certifications, and report all entity is a foreign person, the owner must complete an appropriate Form W-8 your taxable interest and dividends on your tax return. instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page for details), DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Form W-9 (Rev. 12-2014) Page 3

Line 2 2 However, the following payments made to a corporation and reportable on Form If you have a business name, trade name, DBA name, or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code. The following codes identify payees Check the appropriate box in line 3 for the U.S. federal tax classification of the that are exempt from reporting under FATCA. These codes apply to persons person whose name is entered on line 1. Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a for an account you hold in the United States, you may leave this field blank. partnership for U.S. federal tax purposes, check the “Limited Liability Company” Consult with the person requesting this form if you are uncertain if the financial box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements. A requester may indicate that a code is be taxed as a corporation, check the “Limited Liability Company” box and in the not required by providing you with a Form W-9 with “Not Applicable” (or any space provided enter “C” for C corporation or “S” for S corporation. If it is a similar indication) written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or A—An organization exempt from tax under section 501(a) or any individual single-member LLC.” retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities Line 4, Exemptions C—A state, the District of Columbia, a U.S. commonwealth or possession, or If you are exempt from backup withholding and/or FATCA reporting, enter in the any of their political subdivisions or instrumentalities appropriate space in line 4 any code(s) that may apply to you. D—A corporation the stock of which is regularly traded on one or more Exempt payee code. established securities markets, as described in Regulations section • Generally, individuals (including sole proprietors) are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a • Except as provided below, corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments, including interest and dividends. F—A dealer in securities, commodities, or derivative financial instruments • Corporations are not exempt from backup withholding for payments made in (including notional principal contracts, futures, forwards, and options) that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state • Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys, and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. J—A bank as defined in section 581 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b) plan or section 457(g) plan 3—A state, the District of Columbia, a U.S. commonwealth or possession, or Note. You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions, agencies, or completed. instrumentalities Line 5 5—A corporation Enter your address (number, street, and apartment or suite number). This is where 6—A dealer in securities or commodities required to register in the United the requester of this Form W-9 will mail your information returns. States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city, state, and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number (TIN) Company Act of 1940 Enter your TIN in the appropriate box. If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not 11—A financial institution have an ITIN, see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN, you may enter either your SSN custodian or EIN. However, the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN withholding. The chart applies to the exempt payees listed above, 1 through 13. (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. IF the payment is for . . . THEN the payment is exempt for . . . Note. See the chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for 7 for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by Broker transactions Exempt payees 1 through 4 and 6 calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer corporations must not enter an exempt Identification Number, to apply for an EIN. You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number (EIN) under Starting a Business. You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN patronage dividends and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made Payments over $600 required to be Generally, exempt payees with respect to readily tradable instruments, generally you will have 60 days to get reported and direct sales over $5,0001 1 through 52 a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See Form 1099-MISC, Miscellaneous Income, and its instructions. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Form W-9 (Rev. 12-2014) Page 4

Part II. Certification 3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you To establish to the withholding agent that you are a U.S. person, or resident alien, have one), but the IRS encourages you to use your SSN. sign Form W-9. You may be requested to sign by the withholding agent even if 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the items 1, 4, or 5 below indicate otherwise. personal representative or trustee unless the legal entity itself is not designated in the account For a joint account, only the person whose TIN is shown in Part I should sign title.) Also see Special rules for partnerships on page 2. (when required). In the case of a disregarded entity, the person identified on line 1 *Note. Grantor also must provide a Form W-9 to trustee of trust. must sign. Exempt payees, see Exempt payee code earlier. Note. If no name is circled when more than one name is listed, the number will be Signature requirements. Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 Secure Your Tax Records from Identity Theft and broker accounts considered active during 1983. You must give your Identity theft occurs when someone uses your personal information such as your correct TIN, but you do not have to sign the certification. name, SSN, or other identifying information, without your permission, to commit 2. Interest, dividend, broker, and barter exchange accounts opened after fraud or other crimes. An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983. You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply. If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester, you • Protect your SSN, must cross out item 2 in the certification before signing the form. • Ensure your employer is protecting your SSN, and 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. • Be careful when choosing a tax preparer. 4. Other payments. You must give your correct TIN, but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS, respond right away to the name and phone number printed on the IRS incorrect TIN. “Other payments” include payments made in the course of the notice or letter. requester’s trade or business for rents, royalties, goods (other than bills for If your tax records are not currently affected by identity theft but you think you merchandise), medical and health care services (including payments to are at risk due to a lost or stolen purse or wallet, questionable credit card activity corporations), payments to a nonemployee for services, payments made in or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions, payments to Form 14039. certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under Victims of identity theft who are experiencing economic harm or a system section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or problem, or are seeking help in resolving tax problems that have not been resolved distributions, and pension distributions. You must give your correct TIN, but you through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user 1. Individual The individual into surrendering private information that will be used for identity theft. 2. Two or more individuals (joint The actual owner of the account or, The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does account) if combined funds, the first not request personal detailed information through email or ask taxpayers for the individual on the account

PIN numbers, passwords, or similar secret access information for their credit card, 3. Custodian account of a minor The minor bank, or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS, forward this 4. a. The usual revocable savings The grantor-trustee message to [email redacted]. You may also report misuse of the IRS name, logo, trust (grantor is also trustee) or other IRS property to the Treasury Inspector General for Tax Administration b. So-called trust account that is (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal The actual owner

not a legal or valid trust under Trade Commission at: [email redacted] or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT (1-877-438-4338). 5. Sole proprietorship or disregarded The owner Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6. Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct (A)) TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to For this type of account: Give name and EIN of: you; mortgage interest you paid; the acquisition or abandonment of secured 7. Disregarded entity not owned by an The owner property; the cancellation of debt; or contributions you made to an IRA, Archer individual MSA, or HSA. The person collecting this form uses the information on the form to 8. A valid trust, estate, or pension trust Legal entity file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and 9. Corporation or LLC electing The corporation criminal litigation and to cities, states, the District of Columbia, and U.S. corporate status on Form 8832 or commonwealths and possessions for use in administering their laws. The Form 2553 information also may be disclosed to other countries under a treaty, to federal and 10. Association, club, religious, The organization state agencies to enforce civil and criminal laws, or to federal law enforcement and charitable, educational, or other tax- intelligence agencies to combat terrorism. You must provide your TIN whether or exempt organization not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to 11. Partnership or multi-member LLC The partnership a payee who does not give a TIN to the payer. Certain penalties may also apply for 12. A broker or registered nominee The broker or nominee providing false or fraudulent information. 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. Circle the minor’s name and furnish the minor’s SSN. DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Please watch for your Meritage Homes New Homebuyer Survey. Within the next few days, you will receive a personalized Meritage Homes New Homebuyer Survey. Please watch for the survey, which will come via email from [email redacted].

We use this survey to constantly improve our homes and processes. The home you purchased benefited from the comments of past buyers, and we hope you will “pay it forward” for future homebuyers. DocuSign Authentisign ID: Envelope ID: A3D5C554-7E6F-45A2 -9DA7-D59B10BC63B5 7E89CC71-6285-ED11-AC20-0050F2765AB1

Escrow Donation Form

Agent’s Name: Donna Manderscheid Office Name: Rancho Del Rey Address: 14443 W Buckskin Trail Surprise, AZ 85387

Title Company: Carefree Title Agency Address: 8800 E. Raintree Drive Suite 165 Scottsdale, AZ 85260

Escrow Officer: Ilona White Escrow Number:

I hereby authorize and instruct you to pay a donation to the Arizona Housing Fund in the following amount:

$25.00 Residential Transaction Donation $100.00 Commercial Transaction Donation Other Amount:

Made payable to Arizona Housing Fund at Arizona Community Foundation on behalf of:

Name: Alayna Kowaleski Buyer Seller Address:

All contributions and a copy of this form shall be disbursed to:

Arizona Housing Fund at Arizona Community Foundation 2201 E. Camelback Road, #405B Phoenix, AZ 85016 Tax ID# 86-0348306

12/22/2022 Signature: Date:

Thank you for helping our homeless neighbors find a home for good. 100% of your donation will go to building affordable housing.

A donation has been made to the Arizona Housing Fund. The Arizona Community Foundation has ex- clusive legal control over the contributed assets. For tax reporting purposes, no goods or services were provided in exchange for this contribution. Please retain this copy to serve as your tax receipt for the above referenced donation.

Arizona Community Foundation | 2201 E. Camelback Rd, #405B | Phoenix, AZ 85016 602.381.1400 | [email redacted] | Tax ID: 86-0348306 Carefree Title Agency, Inc. 8800 East Raintree Drive Suite 165 Sco sdale, AZ 85260 (480) 385-6123

Final Closing Statement Property 25331 North 144th Lane Buyer Alayna Kowaleski Escrow Oﬃcer Kamala Green Surprise, AZ 85387 34807 North 32nd Drive Prepared 03/10/2023 LOT 73, OF RANCHO DEL REY 2031 Closing 03/13/2023 Escrow # PHX-13137-22 Phoenix, AZ 85086 Disbursement Date 03/13/2023 Loan # [number redacted] Seller Meritage Homes of Arizona, Inc. Loan Type Conven onal Insured 8800 East Raintree Drive Suite 300 Sco sdale, AZ 85260 Lender Loandepot.com LLC 6561 Irvine Center Drive Irvine, CA 92618

Seller Buyer Debit Credit Debit Credit Primary Charges & Credits $356,745.00 Sales Price of Property $356,745.00 $2,798.75 Seller Credit $2,798.75 Lender Credit (includes $329.00 credit for increase in Closing Costs above $329.00 legal limit) Lender Credit-Builder/Aﬃnity Rela onship $3,210.70 Buyer Funds $30,627.29

Prora ons/Adjustments $5,000.00 Buyer Deposit Directly to Seller $5,000.00 $47.71 County Taxes ($120.96) 01/01/2023 to 03/13/2023 $47.71 $14,072.50 Seller Credit for Points $14,072.50

Loan Charges Loan Amount $321,070.00 4.383% of Loan Amount (Points) $14,072.50 Mortgage Broker Fee to MTH Mortgage ($4,013.38 POC by Others) Appraisal Fee $600.00 Credit Report Fee $35.00 Flood Cer ﬁca on Fee $8.00 MERS Registra on Fee $24.95 Reinspec on Fee $125.00 Tax Service Fee $68.00 Prepaid Interest ($45.08 per day from 03/13/2023 to 04/01/2023) $856.52

Impounds Homeowner's insurance $27.50 per month for 3 mo. $82.50 Property taxes $237.83 per month for 2 mo. $475.66 Aggregate adjustment $27.50

Government Recording and Transfer Charges Recording Fee - Deed Recording Fee - Mortgage

Commissions $14,269.80 Selling Agent Commission to BROKERS ONLY LLC Produced by Carefree Title Agency, Inc. Page 1 of 2 PHX-13137-22 Using Qualia Printed on 03/10/2023 Seller Buyer Debit Credit Debit Credit

Title Charges CPL (Lender) to First American Title Insurance Company $25.00

Escrow Charges Lender's ALTA 5-06 Endorsement to Carefree Title Agency, Inc. $100.00 Lender's ALTA 8.1-06 Endorsement to Carefree Title Agency, Inc. $100.00 Lender's ALTA 9-06 Endorsement to Carefree Title Agency, Inc. $100.00 Lender's Title Policy to Carefree Title Agency, Inc. $980.00 Se lement or Closing Fee to Carefree Title Agency, Inc. $1,260.00 Owner's Title Policy to Carefree Title Agency, Inc. $520.00

Miscellaneous Charges $120.96 2022 2nd Half Taxes to Maricopa County Treasurer $115.00 HBACA Fee to Home Builders Assoc. of Central Arizona HOA Associa on Dues 3/13-3/31/2023 to Rancho Del Rey Community $53.32 Associa on HOA Associa on Dues April & May 2023 to Rancho Del Rey Community $174.00 Associa on HOA New Home Administra ve Fee to AAM, LLC $100.00 HOA Reserve Contribu on Fee to Rancho Del Rey Community Associa on $174.00 HOA Working Capital Fee to Rancho Del Rey Community Associa on $174.00 $1,500.00 School Dona on to Dysart Uniﬁed School District No. 89 of Maricopa County, Arizona Homeowner's Insurance Premium (12 mo.) to Universal Insurance Company of $330.00 North America Seller Buyer Debit Credit Debit Credit $37,924.72 $356,745.00 Subtotals $377,183.45 $377,183.45 Due from Buyer $0.00 $318,820.28 Due to Seller $356,745.00 $356,745.00 Totals $377,183.45 $377,183.45

Produced by Carefree Title Agency, Inc. Page 2 of 2 PHX-13137-22 Using Qualia Printed on 03/10/2023 Received 6/17/2024 ROC Legal

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Case No.: 2024-01733

Alayna Kowaleski, ANSWER TO CITATION COMPLAINANT,

vs.

Meritage Homes Construction Inc., License No. ROC 250960 & 166223, RESPONDENT. Meritage Homes Construction, Inc. (“Meritage”), the Respondent in the above-titled

complaint (the “Complaint”), hereby provides the following Answer and Response to the

citation issued in this matter (the “Citation”) by the Registrar of Contractors (the “ROC”).

Meritage vehemently disputes the Citation and the charges set forth therein because, among

other things, and as set forth more fully below, the Complainant intentionally manipulated

the ROC process by restricting and then completely withdrawing access for Meritage to

perform repairs that were ALREADY SCHEDULED, in hopes of securing a Citation from

the ROC. Accordingly, Meritage requests that the Citation be withdrawn and/or dismissed,

or in the alternative, that no suspension, revocation, civil penalty, or other sanction against

its license be issued by the ROC. Second, if the ROC does not withdraw/dismiss the

Citation, Meritage requests a hearing to address and resolve the charges set forth therein.

Finally, if the Citation is not withdrawn, Meritage also requests an informal settlement

conference in accordance with A.R.S. Section 41-1092.06. Meritage strives to work

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cooperatively and in good faith with the ROC and customers who have filed an ROC

complaint, and takes its warranty, regulatory, construction and ROC obligations extremely

seriously and does not lightly request a hearing. However, for the reasons set forth below,

unless withdrawn, Meritage demands a hearing in order to avoid an unjust and legally

unjustified result due to the fact that Meritage was not given a fair opportunity to complete

all of the corrective work contained in the ROC directive in this case. Unless the Citation

is withdrawn or dismissed, a hearing will be necessary.

I. Introduction. The Citation contains two charges against Meritage: 1) failure to perform work in a professional manner; and (2) “failure to take appropriate corrective action to comply with this chapter …without valid justification within a reasonable period of time after receiving a written directive from the Registrar”. Specifically, both charges stem from Meritage’s alleged failure to complete the following corrective work items contained in the ROC’s Directive (the “Directive”): (1) Item No. 2 (laundry room leak remediation work not complete); (2) Item No. 4 (warped cabinet repair not complete); (3) Item No. 5 (repairs not yet complete regarding spots of unpainted stucco and exposed lath); (4) Item No. 6 (windows hard to open/shut and one instance of paint residue on exterior frame; repair not completed); (5) Item No. 7 (tile repair not completed); (6) Item No. 8 (various window- related paint repairs not completed; (7) Item No. 10 (various garage door trim paint finish issues not completed); (8) Item No. 11 (damaged tile repair in bathroom not yet completed); (9) Item No. 14 (garage door frame missing paint and chip repair not completed); (10) Item No. 15 (crooked walls in master bathroom not completed); (11) Item No. 16 (repairs to marks on cabinets not yet completed); (12) Item No. 21 (adjustment to front door not yet completed); (13) Item No. 23 (toilet too close to cabinet; repair not yet completed); (14) Item No. 24 (various paint issues in backyard not completed). The Directive is attached

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hereto as Exhibit 1, and the Compliance Inspection Notes reflecting the incomplete items

is attached as Exhibit 2.

II. Background and History.

The Complaint was transmitted to Meritage on February 15, 2024, and a Directive was

issued on April 9, 2024. Even before the Directive issued Meritage began working on all

required repairs and attempting to schedule the same with the various implicated trades,

which was made challenging by Complainant’s scheduling restrictions and conditions.

Then, after issuance of the Directive on April 9, 2024, Meritage continued working

diligently on all Directive items. However, because of various scheduling conflicts claimed

by the Complainant, and given that cabinet materials were on order and had not yet been

delivered, Meritage knew that it would be difficult to correct all issues before the Directive

Deadline of May 3, 2024. Accordingly, On April 25, 2024 Meritage sent correspondence

to ROC Investigator John Chester (“Mr. Chester”), explained the circumstances, and

requested an extension. See Exhibit 3. Mr. Chester asked for proof of the “ETA” for the

cabinet materials, which Meritage then provided the next day, but Mr. Chester did not

respond to the extension request. See Exhibit 3.

Although Mr. Chester never provided a response to the extension request, Meritage was not overly concerned about meeting the May 3, 2023 Directive deadline because the Complainant had already specifically approved the scheduling of corrective work after the May 3, 2023 deadline. Specifically, Complainant had agreed to allow multiple Meritage subcontractors to come to the home on May 7, 2024 as early as 7:00am. However, on the evening of May 6, less than 24 hours before subcontractors were scheduled to come to the home, Complainant sent an email to Meritage cancelling all work. When Meritage immediately asked for new dates, the Complainant refused and instead indicated that “[a]ll

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work is to cease until a compliance inspection is completed by John [Chester].” See

Exhibit 4. In other words, Complainant specifically agreed to permit repairs past the

Directive Deadline, Meritage relied upon that agreement in good faith and scheduled

subcontractors to perform the Directive work on that date, and then Complainant cancelled

the work with no time to reschedule the work before the Directive Deadline had passed, and

indicated she would not reschedule the work and instead intended to proceed with a

compliance inspection (which of course would reflect significant incomplete work since

Meritage was still working with the homeowner to complete it when she “pulled the plug”).

Concerned that Complainant was intentionally attempting to manufacture a compliance inspection “fail” by intentionally preventing work at her home, Meritage immediately sent (on May 7) a letter to Mr. Chester documenting the prior agreement to permit work after May 3, the cancellation of work by the Complainant, the resulting lack of access, and requesting an extension of time (provided Complainant provided access). See Exhibit 5. Unfortunately, Mr. Chester likewise did not respond to this letter, except to note that he received it and to note, after Meritage followed up again, that he did not need additional information from Meritage. See Exhibit 6. After another 10 days went by with no response or communication from Mr. Chester, Meritage again followed up with him about its pending extension request and noting that previously agreed-upon and scheduled repair work had been cancelled by the homeowner. See Exhibit 6. The next day, on May 21, 2024, Mr. Chester responded “I apologize, we have a compliance inspection set for tomorrow.” See Exhibit 6. Although Meritage had received no prior notice of this compliance inspection, the responsible Meritage representatives made arrangements to attend the inspection on short notice. Meritage thereafter received the Compliance Notes on May 31, and a Citation issued on the following Monday, June 3, 2024. Meritage thereafter contacted the

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Complainant to request it be allowed to complete the work she previously cancelled. Of

course, Complainant refused yet again, stating that “We are moving forward with the ROC

process. As evidenced in the compliance inspection, I am continuously harmed by

Meritage.”

III. Response to “not complete” items reported on the Compliance Notes. In order to facilitate the ROC’s review of the reason for the “incomplete” items from

the directive, an itemized list of each items found to be incomplete is set forth below.

A. Item No. 2. This item relates to the remediation of water damage in the laundry room that resulted

from a leak. Meritage subcontractors were scheduled to complete the final-touch ups and

relatively minor cosmetic work to things like baseboards and grout, but as noted above, on

the evening of May 6 the work, which was scheduled for the following morning, was

cancelled by Complainant despite her prior agreement to permit it to occur. The only reason

this work was not complete by the date of the compliance inspection was because

Complainant intentionally prevented the work from occurring.

B. Item Nos. 4 and 16. These two cabinet-related items required the replacement of various cabinet

components in the home. However, as indicated to Mr. Chester well before the Directive

deadline, the cabinets parts were on order and would not be available by the Directive

deadline. Instead of granting an extension, however, Mr. Chester did not respond to the

extension request, and then by May 6 Complainant ordered all work to cease. The ordered

cabinet parts have been in Meritage’s possession and are ready to be installed if the

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Complainant will simply grant access.

C. Item No. 5. This item related to various exterior stucco and exterior paint issues. As with Item No.

2, above, this issue was scheduled for completion on May 7 and was incomplete on the date

of the compliance inspection only because Complainant cancelled the work and would not

permit it to be carried out.

D. Item No. 6. The compliance inspection notes state that windows were “hard” to open or shut and

that there was a paint touch-up that remained. Prior to the cancellation of work, Meritage

sent out its window subcontractor who adjusted all windows and reported that the operation

of the windows was normal. The Complainant never mentioned this issue again, so

Meritage believed it had been addressed to her satisfaction. Meritage’s position is that the

operation of the windows at this time is completely normal, and that with use the tracks will

“loosen up” as tolerances increase. In addition, normal homeowner maintenance is required

to clear accumulated debris from tracks, and silicone lubricant can be added to tracks to

make operation even easier. This item does not fall outside ROC or industry standards and

does not qualify as a defective condition or as defective materials. Short of applying lube

and clearing the tracks of any debris (which Meritage would be happy to do, if permitted),

there is no way to “fix” this issue, which is perfectly normal.

E. Item Nos. 7 and 11. These two items relate to minor tile repairs that Meritage subcontractors were

scheduled to complete, but which were not completed solely due to Complainant’s

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cancellation and order to cease all work on May 6, one day before the work was to be

completed.

F. Item Nos. 8, 10 and 24. These three items related to paint work (at various windows, exterior stucco, and the

garage) that Meritage subcontractors were scheduled to address on May 7, but could not

address due to the Complainant’s cancellation of work and cease work order the night

before.

G. Item No. 14. This item relates to some minor paint work and a small chip near the strike plate at the

garage access door jamb. Meritage proposed to sand the impacted area and repaint it, but

the Complainant refused this repair offer and demanded that the entire frame/jamb be

replaced. Per ROC and industry standards, the wholesale replacement of the door frame

due to a chip is not required, and Complainant therefore unreasonably prohibited the

completion of this repair.

H. Item No. 15. This item relates to “crooked” walls in the area of the master bathroom. During the

initial jobsite inspection, various areas were pointed out by the Complainant that she

believed were “bowed.” At that time, and in the presence of Mr. Chester, Meritage

representatives asked Complainant if there were any other areas she felt were also bowed.

Complainant answered that there were not. Meritage thereafter repaired the identified areas,

and Complainant never pointed out any additional areas in need of repair. At the

compliance inspection, however, Complainant pointed out a NEW area that was NOT

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identified at any point prior to the compliance inspection. Of course, Meritage did not

correct this area because it had not been previously identified (by anyone) raised (by

anyone) or even suggested (by anyone) as a possible area requiring repair. Under such

circumstances, the failure to complete a repair to this NEW area cannot be the basis of

discipline against Meritage since it was not within the scope of a previous directive item.

Of course, Meritage is ready, willing, and able to correct this new area and will gladly do

so if permitted by Complainant.

I. Item No. 21. This item concerns an issue with the adjustment of the front door threshold and jamb. Meritage addressed this item before the Directive deadline, but Complaint subsequently claimed the repair was not effective. So, Meritage scheduled its door subcontractor to come back out and complete additional repairs on May 7, but as noted above, Complainant did not permit this work to take place and ordered all work to cease. This is the only reason this work was not completed before the compliance inspection. J. Item No. 23. Finally, this item relates to the placement of the toilet and its proximity to a cabinet

surface. The applicable building code requires that toilets be situated at least 15” from an

adjacent side wall or surface, and the toilet in question was 14.5-14.75” from an adjacent

cabinet. Accordingly, Meritage of course agreed to correct this issue, which could have

literally been addressed in minutes with the use of an offset toilet base flange. Meritage

scheduled this work to be performed along with various other plumbing work, and was

under the impression it had been completed. However, at the compliance inspection it was

discovered, for the first time by Meritage, that its subcontractor had missed completing this

repair. However, had the Complainant not cancelled all work, this minor issue could have

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been addressed along with the other work that was previously scheduled. Accordingly,

Meritage does not believe that this minor item, which it admits was not done by the deadline,

can justify discipline against Meritage under the totality of the circumstances of this

situation. In addition, it should be pointed out that the Complainant never raised this issue

as being incomplete, and Meritage has never at any point refused to carry out this bona fide

repair.

III. Conclusion. The Citation should be withdrawn and the Complaint closed. As illustrated above

and the in the attached exhibits, the Complainant intentionally and in bad faith prevented

the work that was scheduled to be performed. Moreover, other work (which was the subject

of an extension request that was never specifically granted or denied), could not be

performed until materials arrived. Upon information and belief, Complainant was advised

or otherwise believed that if she could secure a Citation against Meritage, she would have

leverage over Meritage which she could then use to secure a monetary settlement instead of

repairs. Indeed, Meritage does not believe Complainant wants the repairs performed by

Meritage. If she did, she would have allowed the repairs to occur, as Meritage has repeatedly

requested permission to perform them. Yet, even to this day Complainant refuses, and has

instead asked for a monetary settlement. Meritage has at all times operated in good faith

and in accordance with its legal obligation. It has never hesitated to take responsibility for

repairs that were required, never delayed the performance of those repairs, and always

worked diligently to complete all required items. While it is true that some of the

subcontracted repair work was not always done to Meritage’s high standards the first time

around, and some other repairs took longer than desired in some instances, all of which

caused frustration for Complainant, that frustration does not give her license to weaponize

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the ROC process in an attempt to extract money or other concessions from her builder. As

the ROC is well-aware, the ROC’s public purpose is to protect homeowners by

incentivizing quality construction, ensuring that contractors perform required repairs, and

disciplining contractors that are unwilling or unable to do so. However, its purpose is not

to assist homeowners in improperly leveraging financial payments or attempting to “trap”

licensees through the use of intentional strategies and tactics designed to manufacture a

citation or a case for discipline.

Meritage appreciates the ROC’s consideration of the facts and requests in this Answer and looks forward to a hearing if the Citation is not withdrawn or dismissed. RESPECTFULLY SUBMITTED this 17th day of June 2024.

By: /s/ Scott J. Shelley Scott J. Shelley, Esq. (Bar No. 022022) MERITAGE HOMES CONSTRUCTION INC. Vice President- Litigation Counsel 18655 North Claret Drive, Suite 400 Scottsdale, Arizona 85255 Attorney for Respondent

ORIGINAL of the foregoing emailed this 17th day of June 2024: Arizona Registrar of Contractors 1700 West Washington Street, Suite 105 Phoenix, AZ 85007-2812 Email: [email redacted] COPY of the foregoing mailed and emailed this 17th day of June 2024 to:

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Alayna Kowaleski 25331 North 144th Lane Surprise, Arizona 85387 Email: [email redacted] Complainant By: Jennifer Fife

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Exhibit 1 Received 6/17/2024 ROC Legal

Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 6/17/2024 ROC Legal

Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 6/17/2024 ROC Legal

April 9, 2024

License No. ROC 166223

Re:Complaint No. 2024-01733

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 6/17/2024 ROC Legal

Complaint Item 11: damaged tile Investigator’s Observation: The tile in the master has drag marks from the plumbing, respondent will need to fix by appropriate means.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 6/17/2024 ROC Legal

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 6/17/2024 ROC Legal

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

Complaint Item 1: Water leak at the main line Investigator’s Observation: At the time of inspection the line had been repaired prior to the inspection. Governing Rule: N/A

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

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 6/17/2024 ROC Legal

Exhibit 2 Received 6/17/2024 ROC Legal

Fife, Jennifer

From: John Chester <[email redacted]> Sent: Friday, May 31, 2024 1:51 PM To: Alayna Kowaleski; Chavez, Eddie; Fife, Jennifer Subject: ROC Case 2024-01733 Referred to Legal Attachments: 20240531 Compliance Jobsite Inspection Notes 2024-01733.pdf

Dear Complainant and Respondent. The compliance inspection revealed that one or more items from the written directive were not completed. Please see the attached Compliance Inspection Notes for further details. The complaint will now be sent to the legal department for citation. Please direct any further questions/comments to the legal department by calling 602-542-1525 and choose the appropriate response to be connected to legal, or email to: [email redacted]. Please see the attached compliance inspection notes for details. Thank you.

‐‐ Joey Chester Investigator #226

Arizona Registrar of Contractors

1700 W. Washington St., Suite 105

Phoenix, AZ 85007

Phone: 480-645-1845

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

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Complainant: Alayna Kowaleski 25331 N 144th Lane Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Received 6/17/2024 ROC Legal

Respondent: Meritage Homes Construction Inc DBA: 18655 North Claret Drive, Suite 400 Scottsdale, AZ 85255

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Received 6/17/2024 ROC Legal

Case No.: 2024-01733 Investigator: Joey Chester Inspection Date: Thursday, May 23, 2024 Inspection Time: 12:00 PM