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HOBB Weekly Update Message
Sunday, 25 March 2007

A message from Janet Ahmad - From 4 PM to 4 AM motivated homeowners from across Texas appeared before the Texas House State Affairs Committee supporting a Home Lemon Law and 10 other bills

A message from Janet Ahmad
From 4 PM to 4 AM
motivated homeowners from across Texas appeared before the Texas House State Affairs Committee supporting a Home Lemon Law and 10 other bills
See video stream of: State Affairs Committee Hearing March 19, 2007
“My Dream Home turned into a Nightmare.” was the theme for 12 straight hours testimony that last into the wee hours of the morning.  Aggrieved homeowners told of their plight with homes falling apart and pled with lawmaker to reform TRCC, abolishment it or pass a Home Lemon Law. For more than 3 hours (beginning at 4:50) committee members listened to testimony that focused on a community of defectively built homes under a HUD HOPE 6 project, built by KB Home in San Antonio.  The good new is that by Friday morning negotiations to buy the homes back were underway. KSAT News: Read and see more...

All t
estimony was truly outstanding.

By 9 AM that same morning HOBB was in attendance for the oral arguments before the Texas Supreme in the Perry Homes vs. Cull case regarding binding arbitration.  See Dallas Morning News:
Dream home becomes legal nightmare Read more...

There is finally an opportunity to bring about meaningful changes.   With your help we can stop this insane trend that protects homebuilders and promotes bad building practices, which the industry has attempted to spread across the nation.  It is because of recent successes that we can and must capitalize on this opportunity that finally gives us a long awaited voice.  At no time has your participation been so timely and so essential for change.   Join me and others with a spirit of hope and commitment to convey our messages with a renewed enthusiasm.

Your Help is needed:  Help us to make meaningful changes by volunteering your time, talents and expertise.  Right now we are in need of volunteers to help post daily news on the HOBB website. Additionally, if you have any legislative lobbying experience or just the desire to participate, please let us know.

Continue to respond to the authors of these weekly news articles.  
1. Let reporters know how pleased and excited you are for writing articles on these most important issues.
2. Forward these articles to others and especially to your elected officials, along with your personal comments.
     See:
Take Action 101 to find contact information for elected officials.      

3. We would like to hear from you so please take a few minutes to post your comments on the H O B B   F o r u m.

Together we have and will continue to make a difference!  Help us to help you by keeping in touch.  Your participation is vital.

Thank you,
Janet Ahmad, President
HomeOwners for Better Building
 
**********************************************************************
NEWS UPDATES:

Legacy/Meritage -Why would builders want defective construction to become legal dispute?
Dream homes not so sweet
On Sept. 25, Meritage offered to make all repairs to the homes recommended by DPIS and approved by the state, Hays said. Those repairs consisted of removing the shingles and roofing felt, refastening the roof decking, then replacing the felt and shingles...But the Alvarez and Mayes families, citing other structural issues, say they want Meritage to buy their homes from them. They also are seeking monetary damages for what they say is “loss of enjoyment of life,” according to the lawsuit. “This includes Meritage Homes’ refusal to take responsibility for its role in the creation and filing of falsified inspection reports or applications with the state,” Dupuy said Thursday in a written statement. “The homebuyers, in this case, who were tricked into buying homes that were not windstorm compliant, have pleaded with Meritage Homes for a fair resolution. Their pleas fell on deaf corporate ears.”  Read more...

HOBB homeowner with defective DR Horton home featured
Lawmakers to take closer look at agency that should protect homeowners 
On Monday the state Legislature will take another look at a state agency that was supposed to protect homeowners against shoddy home builders. But in the two years that the Texas Residential Construction Commission has been around, critics say it’s done nothing but help big builders. Dorina Corrente has planted herself deep into a swampy quagmire of red tape. Or blue tape that plasters her Sugar Land home. “Look at the mold, look at the damage,” she said. She said poor drainage and bad construction have sent her new home to rot. The lawn is always wet. The foundation, crumbling. The blue tape marks what she says is wrong — what she says her home builder, DR Horton, won’t fix. Read more...

Iowa legislature to enforce building codes
Officials pushing for building code
City officials held a press conference Tuesday morning to discuss a bill in the Iowa legislature that could implement a building code in Clinton by next year. If passed, House File 590 would enact and require enforcement of the state building code in each city with a population of more than 15,000 that does not have its own local building code. The bill would apply to building permits issued on or after July 1, 2008. The bill was introduced on Feb. 14 and sponsored by Rep. Polly Bukta, D-Clinton, and Rep. Geri Huser, D-Altoona. Read more...

Defective KB Homes May Be Bought With Taxpayer Money
West-Side Housing Woes To Be Fixed
"It needs to be re-nailed to the studs. It wasn't nailed to the studs when it was built," said Battle, referring to her cracked walls that the previous homeowner simply covered up. Local homebuilder watchdog Janet Ahmad of Homeowners for Better Building said the homes on Precious Drive highlight a much bigger problem. "There are homes in this city that are not being built up to the standard that they need to be," said Ahmad. Read more...

Texas Monthly: The guy that keeps on giving to block homebuyer’s rights
Bob Perry Needs a Hug
Perhaps nowhere was Perry’s Texas clout more apparent than in the 2003 creation of the Texas Residential Construction Commission (TRCC). An offshoot of the tort reform movement,.. In practice the TRCC became a captive agency to the industry it was supposed to regulate, and the law forced consumers to go through a lengthy complaint process only to find that at the end, the TRCC had no power to compel builders to do anything. This outcome was, of course, entirely favorable to the homebuilding industry, and in fact, it turned out that the person who’d written most of the bill that had created the commission was Perry Homes’ corporate counsel John Krugh, who was later appointed by Governor Perry to the newly created TRCC...Many people came to believe that, in effect, Bob Perry had been given his own state agency. Says Janet Ahmad, of Homeowners for Better Building, a watchdog group and consistent Perry critic: “Perry was the kingpin and the brains behind the TRCC. He was always behind the scenes.” Read more...

KB Home profits plunge, says no bottom yet
No. 5 homebuilder, hit by steep decline in U.S. housing market, posts 84 % loss while CEO warns of more woes
KB Home, the No. 5 U.S. home builder, said Thursday net profit fell 84 percent and warned that higher foreclosures and tighter lending standards in the broader market could prolong weakness in the sector..KB Home, the No. 5 U.S. home builder, said Thursday net profit fell 84 percent and warned that higher foreclosures and tighter lending standards in the broader market could prolong weakness in the sector. Read more...

Press Release: TRCC Reform & Home Lemon Law
Homebuyers May Get Lemon Law Protection
Imagine getting your dream home built just to find months down the line that it was coming apart. That's what happened to the Crump family, but without a law in place to protect homeowners, they said they're stuck with a faulty house. State lawmakers are pushing a bill similar to the automobile lemon law that would protect homeowners. Houston Democrat Senfronia Thompson filed House Bill 2721, which would require builders to fix problems in a new home or buy it back. Read more...

Press Release: TRCC Reform & Home Lemon Law
Consumer Groups, Citizens, Present Dramatic Testimony at State Affairs Committee Hearings on Homeowners Rights
In hearings that lasted from four in the afternoon until nearly four in the morning, the House State Affairs Committee heard testimony Monday and early Tuesday from a large number of aggrieved citizens and several consumer advocacy groups on how to reform the Texas Residential Construction Commission (TRCC) and the Home Lemon Law. Read more...

New Jersey: A VERY EMPTY FEELING
Kara Homes bankruptcy leaves buyers out in the cold
This is what happened after one of New Jersey's largest homebuilders filed for Chapter 11 bankruptcy protection last October as the housing boom went slack. The court proceeding halted the development of two dozen Kara communities across the state, leaving homeowners living on half-built streets. It also has stranded some 300 buyers, including the Files, who made down payments on homes but have yet to move in. Everyone involved has a tale. But those at Birch Hill may be in the toughest jam. Of the 228 units originally planned, only 80 have been completed. Buyers of another 45 units have made down payments but have yet to close. Various liens on the development exceed its appraised value by $12 million, an amount lawyers and others involved with the proceedings said was the biggest gap of any Kara community. Read more...

Dallas Morning News: Lawyers for Homebuilder, Couple Face Off In Court
Texans won arbitration for defective house, but Perry refuses to pay
AUSTIN – A lawyer for a retirement-age couple in a long battle with homebuilder Bob Perry told the Texas Supreme Court on Tuesday that his clients followed the rules in winning an $800,000 arbiter's judgment for their defective house but the company has refused to pay. Attorney Thomas Michel said Perry Homes lost at arbitration and in the courts but is making a spurious appeal to the justices – all political favorites of Mr. Perry – in hopes of reversing a string of unfavorable rulings.  Read more...

Forbes: More Trouble for Homebuilders Ahead?
Subprime Woes Drag Down Homebuilder Confidence

U.S. homebuilder confidence stumbled in March for the first time in six months as the subprime mortgage meltdown makes it more difficult for consumers to qualify for loans, according to a report from the National Association of Home Builders released this week. Read more...

Some warranties aren’t worth the paper they’re printed on
Homebuyers Beware
Washington state legislators are thinking about passing a “homeowners’ bill of rights” to protect prospective homebuyers from builders who build lemon houses. That’s a good thing, isn’t it?... Here’s what Washington state Sen. Brian Weinstein says: “Homebuyers in our state have little or no rights. If the home is defective, if there are structural problems, water damage, anything like that, they have no rights.” ... can help builder Sam with this one, since there’s not much to figure out. Just build houses right. All you have to do is make sure houses conform to the building code, which is a minimum standard. Anybody with the designation “Master Builder” ought to be able to do this with no problem. Read more...

Texas Observer Blog: Builders Hammered at State Affairs Committee Hearings
In The Dog House
What’s that?  You didn’t kick back in front of your computer, open a cold one, and enjoy nearly 12 hours of testimony about homebuilding codes? Ah, you probably haven’t had to deal with the TRCC before, then...The TRCC has no enforcement power, so a favorable ruling for the buyer is good only as evidence in, you guessed it, a lawsuit. Now plaintiffs have an extra hoop to jump through, and the state comps legal discovery for the builders. Sounds like a sweet deal, overseen by a commission that has eight of nine members connected to the building industry and not a single consumer advocate. Read more...

State Affairs Committee to hold Hearing on the Texas Home Lemon Law
Press Release - State Affairs Committee to hold Hearing on the Texas Home Lemon Law HB 2721 and 11 other bills which would hold New Homebuilders accountable
After years of failed attempts to rein in the growing stream of complaints regarding shoddy homebuilding, lawmakers have responded with 12 bills to overhaul the greatly criticized Texas Residential Construction Commission (TRCC), to abolish it, or pass a Home Lemon Law to better regulate the industry. Read more...

Smart Money: 10 Things Your Contractor Won't Tell You
10 Things Your Contractor Won't Tell You
When you hire a general contractor to come build an addition onto your house, you probably assume you're getting someone who has spent years learning his craft, giving him the proper credentials to saw a hole in the side of your den. In reality you could be getting a madman with a toolbox who answers to no one. That's because only 27 states have any licensing requirements, according to R.L. Bryson's "Contracting in All 50 States" — and where requirements do exist, they vary widely. In California, one of the stricter states, budding contractors must only prove their financial solvency and pass a written exam (sample test question: "Where would the drain and sewer for a residential building be located?"). Read more...

Eyes on KB Home and Subprime Loans
Investors look to KB for signs of subprime effect
Investors will be keeping a close eye on KB Home on Thursday when the company becomes one of the first big U.S. home builders to report results after turmoil hit the mortgage market in recent weeks.The U.S. housing market has been in decline for about a year. Rising foreclosure rates among buyers with the riskiest credit may add to the pile of homes on the market, which in turn has sapped demand and weakened prices. Read more...

Colorado to better protect homebuyers from construction defects and fraudulent contracts
Bill designed to better protect homeowners
Some state lawmakers want a new law in Colorado that they say would guard homebuyers from construction defects and fraudulent contracts. State Representative Jack Pommer (D-Boulder) says consumers need better protection of their legal rights.  "All of those rights are waived, the minute the homebuyer signs that (purchasing) contract," said Pommer. Read more...

Builders can no longer sell homes by depending on approving just anyone
Tighter Lending Rules to Cut New-Home Demand
The trouble in the mortgage market could spread beyond the subprime sector with tighter lending standards cutting demand for new homes by as much as 15% and further squeezing home-builder profits, according to an analyst following the industry... A big issue facing residential home builders is the oversupply of homes on the market after the speculative bubble. More home buyers are walking away from contracts, pushing builders' cancellation rates well above historical norms. Read more...

West Virginia - Beware of Unlicensed Contractor
Officials warn: Unlicensed contractors risky business
“Home owners are exposed to a lot of risk if they chose to go with an unlicensed contractor,” Steele said. “They don’t have any liability insurance, don’t pay workers compensation and if there’s no permit in the first place, there is no where we can go to help the home owner seek recourse if they get shoddy work. A home owner should look at a license as a guarantee that the work will be held to a set of standards. If you have a reputable contractor, you can check out there references and know what they should expect. Read more...

Homes with Beazer loans cost more
Prices approved by appraisers didn't hold up over time
People who bought a home in Southern Chase with an FHA loan arranged by Beazer Mortgage paid higher prices on average than other buyers in the subdivision...The contrast was sharpest with the prices of 28 homes bought with loans insured by the Veterans Administration. The price of homes bought with Beazer FHA loans averaged 6 percent higher per square foot than the VA homes, adjusting for the year of sale. In 2006, Cabarrus County assigned a lower tax value than the original sales price to two-thirds of the 229 homes purchased with Beazer FHA loans. The county assigned lower values to only a quarter of the 177 homes purchased with other kinds of loans. Read more...

Worth Repeating: The most ridiculous item of the month!
Homeowner convicted for reporting Builder to TRCC & the Better Business Bureau
Is There Justice for Homeowners in Fannin County?
The Assistant DA produced a list of “crimes and bad acts” of which the Egerts allegedly were guilty. One of these “crimes or bad acts” was that “... the Defendants threatened to and did falsely report the Complainants to the Texas Residential Construction Commission....” --the agency that the Attorney General’s Office recommended the Egerts contact. Without being allowed to produce evidence such as business letters, which showed the professional manner in which they attempted  to communicate with Fines and Leggett and would have countered much of Leggett’s testimony in court, the Egerts were subsequently found guilty of telephone harassment...Fines testified under oath that he had indeed taken “at least up to $41,000” of their money. He could not be accurate concerning the amount, he said during the trial, because he kept “no books or records” of any kind. Read more...

Janet Ahmad, President
HomeOwners for Better Building
http://www.hobb.org
210-402-6800

 
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 Texas, First Home Lemon Law Debated in the Nation
Homebuyers Need a Home Lemon Law

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Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
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NY Times: Building Flawed American Dreams 
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HUD Scandals

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Reckless Endangerman
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As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

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An interview with Janet Ahmad

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