HomeOwners for Better Building - Binding Arbitration

Wednesday, 22 February 2006
KB Home Class Action Binding Arbitration Case to be ruled on in a Laredo District Court At issue is that KB Home misled and misinformed homeowners of their consumer rights and remedies, that their actions were in violation of the 1979 federal consent decree, and that the clause is invalid and unenforceable. Houston lawyer Alice Oliver-Parrott, the attorney representing homeowners, says that if they win the approval, she will ask the judge to have KB Home notify consumers that binding arbitration provisions are void and unenforceable.
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Ten Things Your Home Builder Won't Tell You

Supreme Court-No Arbitration for Condo Construction Defects

Tuesday, 29 November 2005
HOAs claim victory in arbitration case The Colorado Supreme Court last month quietly let stand a Court of Appeals decision that homeowner associations cannot be forced into arbitration by builders and general contractors. It's a huge victory for homeowner associations in Colorado, said Christopher Rhody, the attorney representing the Eagle Ridge Condominium Association in a lawsuit over construction defects."... The association wanted to tell their story to a jury," Rhody said. "A jury of 12 is often a fairer form to hear their side than in front of a single arbitrator, who is usually chosen by the builder." In addition, he argued it is "inherently unfair for builders to shield themselves from liability for shoddy construction before the houses are even built." He said the Court of Appeals' decision, which the Supreme Court let stand, "holds home builders responsible for their actions."
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Building Industry Bullies BBB Over Consumer Complaints

Wednesday, 23 November 2005
Builders leave Better Business Bureau Some builders are dropping their membership in the Better Business Bureau of Metropolitan Houston because they don't want to use the alternative dispute resolution process, a process they agreed to as terms of their membership. Instead, they'd rather disputes go through the American Arbitration Association or the Texas Residential Construction Commission... (Toy Wood, CEO of the Greater Houston Builders Association) "And although our reasons for creating the TRCC and the various associated processes were very worthy, we were creating another bureaucracy," she wrote. "While we maintain control of the commission, we must be just as vigilant with the TRCC as we are with any other agency or commission."
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Great Advice on Binding Arbitration

Saturday, 12 November 2005
REAL ESTATE MAILBAG When we signed our purchase offer, the real estate agent strongly "pushed" us to agree to arbitrate any disputes. Is that good or bad?
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EX-Judge Disbared for Binding Arbitration Clause

Friday, 07 October 2005
Hawai'i Supreme Court disbars former judge The high court decision said Lee included in the agreement with clients a requirement that the clients submit any dispute over legal fees to binding arbitration. But if the Office of Disciplinary Counsel becomes involved prior to the settlement by arbitration, the clients agree to pay Lee's law firm $2,000.
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Builders Warranty Info

FTC - Facts for Consumers

Sunday, 07 August 2005
FEDERAL TRADE COMMISSION Warranties for Newly Built Homes: Know Your Options For many people, a home is the most expensive purchase they ever make. It’s no wonder, then, that buyers of newly built homes are interested in warranties, which promise to repair or replace certain elements of the home, if necessary, within a certain time. According to the Federal Trade Commission, the nation’s consumer protection agency, if you’re considering a home warranty it’s important to understand what it covers, how to make a claim, and the process for resolving disputes that may arise between you and the builder or warranty company.
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Advice from Jordan Fogal

Thursday, 28 July 2005
The Home You Save Could Well Be Your Own! by Jordan Fogal What you don't know can hurt you. This information is given to you as a public service. You could be the next victim of our state laws and the ethically challenged, predatory builders in Houston.
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Message from Jordan Fogal

Binding Arbitration Clauses

Thursday, 12 May 2005

Beware of All Binding Arbitration Clauses!
New KB Home buyers & All buyers of homes with FHA & VA insured loans