HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
News
Latest News
HOBB News
Editorials
New Jersey
New Jersey & Texas
Write Letters to the Editors
TRCC in the News
Texas TRCC Scandal
Survey
Fair Use Notice
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

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

Just Who Is Watching Out For Texas Homeowners?
Tuesday, 25 January 2005

San Antonio Express-News
Carlos Guerra: In Austin, Just Who Is Watching Out For Texas Homeowners?

A study released Monday by a campaign finance reform group and three homeowner groups underscores why Texas' pay-to-play politics must be stopped. The damning report by Homeowners for Better Building, Homeowners Against Deficient Dwellings, Take Back Your Rights and Campaigns for People is appropriately titled: "Big Money and Shoddy Construction: Texas Homeowners Left Out In the Cold."

Carlos Guerra In Austin, Just Who Is Watching Out For Texas Homeowners?
Carlos Guerra
San Antonio Express-News
A study released Monday by a campaign finance reform group and three homeowner groups underscores why Texas' pay-to-play politics must be stopped.

The damning report by Homeowners for Better Building, Homeowners Against Deficient Dwellings, Take Back Your Rights and Campaigns for People is appropriately titled: "Big Money and Shoddy Construction: Texas Homeowners Left Out In the Cold."

It documents how homebuilders dropped $8.9 million on Texas politicos from 2001 through 2004, $1 million of it to the governor, lieutenant governor and House speaker, and $238,450 to the Legislature's committee members charged with watching out for homeowners. And it details the amazing return they got for it.

One bill that sailed quietly to passage in 2003 was House Bill 730.

The bill's official analysis states that since "the lack of state performance standards for residential construction in Texas and case law makes it difficult for homeowners and homebuilders to resolve (disputes) without costly and time-consuming litigation," HB 730, "creates the Texas Residential Construction Commission Act, adopts performance standards for residential construction and establish(es) a state-sponsored inspection and dispute resolution process that assists consumers in resolving (disputes with) homebuilders."

But the bill really abolishes the "implied warranty of good and workman-like construction" afforded by common law and replaces it with an extremely limited, state-mandated warranty that is enforced through a labyrinthine complaint process managed by a commission controlled by builders.

Unless a homebuyer is sharp enough to contract for additional protections, he or she will get a warranty that protects them for only a year on workmanship and materials, two years on plumbing, electrical and heating and air conditioning and 10 years on major structural components.

Problems that go undiscovered during those periods will be the buyer's, but even those detected in time cannot be taken to the courts or even arbitration without first navigating long, statutory delays.

A homeowner must give the builders 30 days notice before filing a complaint. Then, he or she must pay $350 to $650 to the Texas Residential Construction Commission to file the protest.

If TRCC determines that it is an "eligible" complaint, it will take five days to name a state inspector, who has 15 to 50 days to conduct an inspection and file a report.

If the homeowner disputes the TRCC inspector's finding, he or she has 15 days to appeal — to the TRCC, which named the inspector. That kicks off another 25-day wait for a decision to be rendered, and three days before it is mailed out.

If TRCC finds merit in the complaint, at least three months are provided for the parties to agree on repairs; not until they are finished may homeowners seek further relief through arbitration or in court.

And who did Gov. Rick Perry name to this commission to protect homeowners? The chairman owns an abstract and title company, the vice chairman owns a construction firm and the secretary manages a construction engineering business.

The other committee members are the senior vice president and corporate counsel of Texas' largest homebuilder, the vice president of another large homebuilder, a custom home building contractor, a construction manager and a professional arbitrator.

But relax. I have no doubt that they are all homeowners, like the regular folk they are protecting!

 
< Prev   Next >
Search HOBB.org

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Texas Regulates Homebuyers
 
Texas Comptroller Condemns TRCC Builder Protection Agency
TRCC is the punishment phase of homeownership in Texas

Consumer Affairs Builder Complaints

 TRCC Implosion
 TRCC Shut Down
 Sunset Report

IS YOUR STATE NEXT?
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 

Build it right the first time
An interview with Janet Ahmad

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

 Texas Homebuilder
Bob Perry Political Contributions

  The Agency Bob Perry Built
 TRCC Connection News
Tort Reform

NPR Interview - Perry's
Political influence movement.
Click to listen 

Texas Homebuyers
Fight for Rights

TRCC Abolish or Fix
or Pass Home Lemon Law
or
Homebuyers Bill of Rights

Pulte Homeowner Survey
Warranty & Mortgage Experience
 Click to participate

 Feature: Mother Jones Magazine
Are you Next?
People Magazine - Jordan Fogal fights back
Because of construction defects Jordan’s Tremont Home is uninhabitable
http://www.tremonthomehorrors.com/
You could be the next victim
Interview with Award Winning Author Jordan Fogal

Special Money Report
Big Money and Shoddy Construction:Texas Home Buyers Left Out in the Cold
Read More
Read Report: Big Money…
Home Builder Money Source of Influence

top of page

© 2024 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.