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Texas Supreme Court has Double Standard
Friday, 02 May 2008

TEXAS SUPREME COURT GRANTS DOUBLE STANDARD FOR BUILDER
The Robert and Jane Cull’s construction defects case was thought to be the only homeowner Binding Arbitration victory in Texas history until today, when it was overturned by the state’s highest court. The very rich Bob Perry has demonstrated in brazen fashion the lengths at which builders will seek relief from all warranty liability.  As for Robert and Jane Cull’s 11-year ordeal, no amount of Bob Perry’s money will ever compensate them for their years of being deprived of the full enjoyment their home they so valiantly fought to preserve.  The Texas high court and Bob Perry have this day made the case for the undeniable need for campaign finance reform and the passage of the Arbitration Fairness Act introduced by Senator Russ Feingold and Congressman Hank Johnson.

HOMEOWNERS FOR BETTER   BUILDING
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it - Website: www.hobb.org 
 PRESS RELEASE
                                   

FOR IMMEDIATE RELEASE                                                               Contact: Janet Ahmad
May 2, 2008                 

 TEXAS SUPREME COURT GRANTS DOUBLE STANDARD FOR BUILDER

          Austin –  Texas Justice came at a high price as the Supreme Court issued a controversial decision today that will go down in the history books along side the political scandal of the Lyndon Johnson infamous 1948 “Ballot Box 13” in Alice Texas.  The Perry Home vs. Robert and Jane Cull long awaited decision was handed down in favor of Perry Homes .

The Robert and Jane Cull’s construction defects case was thought to be the only homeowner Binding Arbitration victory in Texas history until today, when it was overturned by the state’s highest court.  Years ago an arbiter had originally awarded the Culls $800,000, which included the purchase price of their home, $200,000 for mental anguish; $200,000 in exemplary damages; and $110,000 in attorney fees, which Perry appealed.

Since 2000 no one in Texas has contributed more money to political campaigns than Bob Perry, founder and CEO of Perry Homes.  Perry has donated almost $135,000 to court justices, plus the Hillco PAC, which has received almost two-thirds of it’s funding from Perry, has given the court another $175,000, according to a report by Texans for Public Justice.

Janet Ahmad, President of Home Owners for Better Building , released the following statement:
”Today’s Supreme Court decision confirms that a Texas new home warranty is worthless.  The very rich Bob Perry has demonstrated in brazen fashion the lengths at which builders will seek relief from all warranty liability.  As for Robert and Jane Cull’s 11-year ordeal, no amount of Bob Perry’s money will ever compensate them for their years of being deprived of the full enjoyment their home they so valiantly fought to preserve 
 
Clearly there is a double standard.  When hundreds of thousands of homeowners consistently lost in binding arbitration, the courts upheld that the arbiters’ decision was binding and final.  However, today the court said if it is builder Bob Perry the decision is not binding. 

The Texas high court and Bob Perry have this day made the case for the undeniable need for campaign finance reform and the passage of the Arbitration Fairness Act introduced by Senator Russ Feingold and Congressman Hank Johnson.”
 
                                                                                  ###

Supreme Court opinion, Johnson concurring opinion, O'Neill concurring opinion, Willett dissenting

 

 
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