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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

 

Outrageous! Buy a New Home - Don’t Sue and Shut Up
Homebuilders will stop at nothing – Now Buyers must agree not to Speak
Beware of New Builder Clause – Homebuilder requires that homebuyer sign clauses forcing buyers to give up their constitutional rights.  It’s a decision between constitutional rights and the American Dream. 

SEE: KB Warranty Conditions - Sign A Shut Up Agreement or No Repairs
PLUS: It's Your Choice, Homebuilder Contracts - Hold Harmless  

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation 
TEXAS REGULATES HOMEBUYERS!
NEW HOMEBUYER LEGISLATION MAY BE COMING TO YOUR STATE SOON
!
How Texas Home Building Industry shaped the Texas Residential Construction
Commission (TRCC) and regulates new homebuyers

Defective Products
Thanks to Texas Watch at www.texaswatch.org for providing this information
Monday, 12 August 2002
Two Texas Legislative Committees are currently studying the effects of arbitration.  Go to http://capwiz.com/txwatch/issues/alert/?alertid=392556&type=CU   to send an email to the Committee chairmen asking them to prevent companies from limiting consumers rights through arbitration agreements.
 
Thanks to Texas Watch at www.texaswatch.org for providing this information
Monday, 12 August 2002
Two Texas Legislative Committees are currently studying the effects of arbitration.  Go to http://capwiz.com/txwatch/issues/alert/?alertid=392556&type=CU   to send an email to the Committee chairmen asking them to prevent companies from limiting consumers rights through arbitration agreements.
 
From Texas Watch:
Monday, 12 August 2002

You may have unknowingly waived your constitutional right to a trial by jury when you purchased you new home, used your credit card or made a long-distance phone call. Today, mandatory arbitration agreements are found in almost all consumer contracts, and they are successfully being used by big corporations to block access to courts by consumers who have been treated unfairly. Go to www.texaswatch.org to learn more about arbitration and its pitfalls for consumers.

 
Consumers say arbitration means quick frustration
Saturday, 03 August 2002

By Adolfo Pesquera Express-News Business Writer. Consumers also have complaints about the high cost of an arbitration. Arbitration cases where damage claims exceed $75,000 typically cost consumers $6,000 to $20,000 more than trying the same case in court, say spokesmen for Public Citizen and the Association for American Retired Persons.

Link: http://news.mysanantonio.com/story.cfm?xla=saen&xlb=110&xlc=774590&xld=110

 
Consumers say arbitration means quick frustration
Saturday, 03 August 2002

By Adolfo Pesquera Express-News Business Writer. Consumers also have complaints about the high cost of an arbitration. Arbitration cases where damage claims exceed $75,000 typically cost consumers $6,000 to $20,000 more than trying the same case in court, say spokesmen for Public Citizen and the Association for American Retired Persons.

Link: http://news.mysanantonio.com/story.cfm?xla=saen&xlb=110&xlc=774590&xld=110

 
There's no way to arbitrate this issue Critics, firms at odds on policy
Tuesday, 30 July 2002

By Caroline E. Mayer The Washington Post. Arbitrators can limit an aggrieved individual's access to a company's documents, thus possibly reducing support for the complaint. Arbitrations are decided in private. Decisions are kept confidential, so consumers don't necessarily learn what the arbitrator based a decision on. And many consumer agreements call for the arbitration firm to be chosen by the company being complained about.

Link: http://www.chicagotribune.com/business/printedition/chi-0207300207jul30.story?coll=chi%2Dprintbusiness%2Dhed
 
No Suits Allowed Increasingly, Arbitration Is the Only Recourse
Sunday, 14 July 2002

By Caroline E. Mayer Washington Post Staff Writer.

As an arbitrator, you're going to get work as long as parties choose to use you, and if this is your career or it makes up a good part of your practice, then if you render a decision that is unpopular" with parties that frequently use arbitration, they "may not choose to use you again."…The homeowner is convinced she won't get a fair hearing.

Link: http://www.washingtonpost.com/wp-dyn/articles/A64365-2002Jul13.html 

 
"Leaky Weekleys" Moldy 'Lemon' Homes Denied Day In Court Weekley Boys Privatize the 'Justice' Syste
Monday, 08 July 2002

 A major developer of this privatized "justice" is David Weekley Homes, both in its own right and through brother Richard Weekleyís Texans for Lawsuit Reform (TLR). Since 1997, TLR's huge PAC has spent $2.6 million on all three branches of Texas government (see table). "

Link: http://www.tpj.org/Lobby_Watch/arbitrationhomes.html

 
A NEW THREAT TO CIVIL JUSTICE
Monday, 01 July 2002

The Assault on Arbitration by Texans for Lawsuit Reform (President Richard Weekley, Texas homebuilder David Weekley's brother) "Another bill, S.B. 1706, would have prohibited the use of pre-dispute binding arbitration agreements in many contracts, such as employment contracts, and would have imposed new restrictions on other arbitrations. The bill, opposed by TLR, failed to pass."

NOTE: S.B. 1706 was specifically for contracts that mandated binding arbitration without disclosing the high cost, and possible abuse, such as the contract used by David Weekley.

Link: http://www.tortreform.com/archives/tlrarbit.pdf

 
The Seventh Amendment A 100 Years of Government Encroachment
Sunday, 30 June 2002

"Seen historically therefore, the Seventh Amendment, the right to trial by jury in civil cases involving more than $20, is a bulwark of political liberty rather than a procedural amendment. Its purpose was to provide the citizen protection against the government. The Founding Fathers included many lawyers who knew this would make the judicial system slower, more inefficient and more cumbersome. They saw this as a small price to pay for protecting freedom from corrupt or tyrannical judges or from powerful or rich persons with unfair influence."

Link: http://newt.org/index.php?src=news&prid=135

 
The Secrecy of Binding Arbitration
Tuesday, 04 June 2002
"Arbitration, Other Matters: Each party agrees to keep all Disputes and arbitration proceedings strictly confidential, except for disclosing of information required in the ordinary course of business of the parties or by applicable law or regulation." --Contract Clark Wilson Homes, Inc. Austin Texas.

NOTE: Does this mean no media attention? No protesting? No letters to our Senators and State Reps? Or to the Texas Attorney Generals Office? (as if that would do any good.)

 
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