Be careful what you ask for in Texas |
Thursday, 16 December 2004 |
Texas Homeowners with defective homes ask for consumer protection and this is what they got A Homeowners Nightmare: No Protection from Money Pits. The Legislature passed in 2003 HB730, which greatly restricts the rights of homeowners to get their builder to fix major construction problems. Under this new law, homeowners no longer have common law rights to an implied warranty of good and workmanlike construction, nor can they sue for Deceptive Trade Practices. These important rights, once taken for granted, have been replaced by a very limited state-mandated warranty that covers few defects. In addition, a homeowner cant go to court without first going through a lengthy, bureaucratic process and paying for expensive inspection fees. In short, fewer homeowners rights, lots more bureaucracy. Homebuilders are among the states biggest donors. They gave over $5.2 million in our 2002 state elections. The biggest donor in Texas, Bob Perry of Perry Homes, alone gave over $3.8 million. Perry Homes general counsel was appointed to the board of the new Residential Construction Commission, which will enforce the new home construction law.
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