Arsenic in groundwater in Centex Community
Builder's test finds high levels of arsenic at Wellington project
In preliminary testing Centex Homes has found high levels of arsenic contamination in the groundwater and some arsenic contamination in the soil of its Oakmont Estates project, according to a report released by state environmental officials on Friday.Testing done by Earth Tech in Orlando found arsenic in the groundwater at up to 16 times the state's safe level, said Stephen Webster, a spokesman for the Florida Department of Environmental Protection. The state's safe level is 10 parts per billion. Centex found readings as high as 160 parts per billion in the groundwater of its unfinished neighborhood off U.S. 441. Read more...

Economists say too many new homes built
Home builders told to stop building
Nationwide, economists estimated home builders constructed about 600,000 more homes during the past three years than the market could absorb.The number of homes under construction is dropping, and builders are offering incentives, such as free upgrades and discounted prices. Economists from mortgage giants Fannie Mae and Freddie Mac predicted Wednesday at the builders conference that the housing market will see more drops in the number of sales and prices in some markets, but that the cool-down will bottom out later in the year and a gradual recovery will begin. Read more...

TRCC slaps builder’s hands – Its business as usual for Builders
Tarrant home builders, others fined
Three Tarrant County-based builders have been fined by a state agency that oversees home builders. The Texas Residential Construction Commission fined 17 builders in all. Larry Travis, a partner with his brother in Travis Construction, said everything is cleared up now. The company forgot to re-register on time. "It's a new policy, and I know it's caught a lot of builders off guard," he said. Representatives from La Ventana Homes and Austin Design/Build did not return phone calls Friday seeking comment. Read more...

Action News 2 Atlanta - Binding Arbitration
CONSUMER INVESTIGATION: In A Bind
Got a beef with your builder?  Your credit card company?  Your cell phone provider?  Chances are, going to court is not an option. When you signed your contract, you signed up for binding arbitration -- and you may wish you hadn’t after hearing from Consumer Investigator Jim Strickland.   See News2 Investigative report

Courts rule that poor business decisions are not 'Acts of God'
Builders cancel contracts at their peril
Tettensor's comments were guided by a landmark 1975 Supreme Court of Canada judgment - Atlantic Stock Paper Limited and Elliot Krever & Associates (Maritimes) Ltd. vs St. Anne-Nackawic Pulp and Paper Company Limited - that held the pulp and paper company responsible for honouring its end of a contract that it wanted to cancel. St. Anne signed a contract, then told its two waste paper suppliers that declining markets were forcing it to invoke! the force majeure clause. But the high court did not accept the compa ny's arguments. Read more...

Foreclosure surge examined
Senators examine home foreclosure surge
 With home foreclosures surging, senators on Wednesday examined lending practices that especially hurt minorities and seniors and can heighten the risk of default. "We are seeing increasing evidence that this important source of wealth for so many American families is under a grave threat from predatory, abusive and irresponsible lending practices undertaken by too many subprime lenders," Dodd, D-Conn., said at a hearing. Read more...

KB Home and SAHA saga of defective homes continue
SAHA chief to take hot seat after council hears complaints
Councilwomen Delicia Herrera of District 6 and Patti Radle of District 5 raised the possibility of questioning Alvarez at a stormy citizens-to-be-heard session at last Thursday's council meeting. Fortuna residents in attendance recited a litany of problems with the houses they are buying from SAHA and the way the lease-to-purchase program is being managed...Alvarez's appearance could signal the beginning of a city investigation of SAHA being sought by Herrera, Radle and other council members. He may also appear before the entire council in a March work session to answer questions about SAHA's plans and operations. Read more...

December posted 109,652 foreclosures
Foreclosure Filings Exceed 100,000 for Fifth Straight Month, Up 35 Percent From December 2005
"New foreclosure filings surpassed the 100,000 level for the fifth straight month, something we've not seen since we began issuing our foreclosure market report in January 2005," said James J. Saccacio, chief executive officer of RealtyTrac. December 2006 U.S. Foreclosure Market Report, which shows that 109,652 properties nationwide entered some stage of foreclosure during the month, a decrease of nearly 9 percent from the previous month but an increase of 35 percent from December 2005. Read more...

Woman's "can-do" spirited fight for community retaining walls
Refusing to crumble in walls fight
Laverne O'Steen developed her "can-do" spirit growing up on a ranch in Oklahoma, but the limits of her tenacity were never tested until she moved to North Richland Hills about six years ago. Mrs. O'Steen's determination to get the deteriorating canal retaining walls behind her home replaced has put her at odds with city officials and some neighbors in the Emerald Lakes subdivision. Read more...

Important Massachusetts Supreme Court Arbitration Decision
Court to decide validity of arbitration agreement
The Supreme Judicial Court will hear arguments this week in a negligence case that defense lawyers say could significantly affect the ability of health care providers to utilize and enforce arbitration agreements. In Miller v. Cotter, et al., SJC No. 09817, the SJC will be asked to decide whether a Superior Court judge abused his discretion by declining to enforce an arbitration provision between a nursing home and a patient's family on grounds that it was procedurally and substantively unconscionable. Read more...

Washington State: The importance of an adequate home warranty
Home Warranty: Trust, but verify
The boom in housing construction brought home ownership to more people, created jobs and spurred economic growth. As beneficial as that was, the longer-term good would be a bit more impressive if home buyers had greater assurances of quality work. Sen. Brian Weinstein is engaged in an important effort to provide greater consumer protections for buyers with several bills, most notably SB 5550. That measure would create a statutory warranty on new homes, greatly increasing buyers' assurance that residences in which they are frequently putting most of their assets will be free of major defects. Read more...

Washington State - Homebuilders want homeowners 'rights' dead
Builders try to demolish homeowner 'rights' bill
In Washington state, you've got more consumer-protection rights when you buy a $25 toaster than you do when buying a $500,000 home, says a former high-stakes trial lawyer who now heads the Senate consumer protection committee. Sen. Brian Weinstein, D-Mercer Island, wants to change that, but his "Homeowner Bill of Rights" proposals are facing tough opposition from builders as well as fellow Democrats. "These bills are at the top of our agenda right now -- we want them dead," said Erin Shannon, spokeswoman for the Building Industry Association of Washington. Read more...

Texas Rep. Gattis say TRCC is not protecting the rights of homeowners
Gattis sees water, health care, medical costs as top issues
On the homeowner front, Gattis said the Texas Residential Construction Commission, created at the behest of homebuilders, is not protecting the rights of homeowners. "It's a paper tiger," Gattis said of the state agency. The commission was created to reduce homeowners' lawsuits against builders. But the agency's critics say the commission has no authority to force builders to fix their houses even after a state inspector finds the builder at fault. "What good is the system if that is the final result?" Gattis asked. He is investigating how to give the commission more authority to rein in bad builders and protect consumers. Read more...