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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Property Rights Denied!
Protecting HOA Members' Rights is NOT The #1 Priority
of Managed Communities
The High Price of Managed Living, Books and Records Hidden
gives appearances of impropriety
Editorial Feature: Part One - Are Homeowners' Rights a Myth? 

Part Two: HOA Bureaucrats Overstep Their Authority

Houston Chronicle - Comments on TRCC
Tuesday, 02 September 2008

Consumer Watch : Opinions mixed on the fate of TRCC
Many applaud panel's suggestion to scrap home builder agency

By DAVID ELLISON
88Comments

Read and post your comment on the Houston Chronicle TRCC Article

phiddippides08 (0)
TRCC is a sham. The claim that it establishes statewide building standards is a sham. Before the TRCC, it was up to a jury to determine whether a house was built in a good and workman like manner. Now, the TRCC sets very, very low standards for what is good workmanship and places a very short time limit on how long a house has to conform to those standards.
If the legislature cared about consumers, it would get rid of the dispute resolution process, let consumers take their builder to court and make the TRCC a division of the Attorney General's office. If a builder has to deal with both a civil lawsuit and an investigation by the Attorney General, then they would be much more willing to resolve an issue. Now, the TRCC just forces a long delay to any resolution of a construction defect, which builders are happy to exploit.

9/2/2008 1:01:06 AM

Bldrbob (0)
Bldrbob wrote:
Why is it that the people that most want to abolish the TRCC are lawyers? Hmmmmmm.......
This is just another example in a daily growing list of why we need term limits. We will never fix the problems as long as we continue to elect lawyers into public office, and give them the ability to stay there. Their self serving interests in State and National politics are endless.

9/2/2008 1:29:55 AM

wannabefrozen (13)
texans are too stupid and brainwashed to realize that their own govt has sold them out to big business. They are too brainwashed by Limbaugh and OReilly etc to be able to think straight. And I say this as someone who despises the Democrats and their politics and their interest groups. THe GOP is just as bad.

9/2/2008 3:21:29 AM

Finkle (34)
Finkle wrote:
Built by using illegals in the past I'm sure.

9/2/2008 3:21:39 AM

Bagdaddy (0)
Bagdaddy wrote:
Keep the regulatory oversight but eliminate the dispute resolution. Set a standard and make the builders stick to it. If they do shoddy work let me take them to court. If I sell you a shoddy house you should be able to take me to court. Any time you have a government regulatory agency, it is always biased toward the people being regulated. It's called lobbying in Washington, payoffs and bribery everywhere else.

9/2/2008 4:04:46 AM

twobe (4)
twobe wrote:
How come the reporter did not mention STATE Representative Allan Ritter owns a lumber commpany. He could not care less what happens when people become victimized by his customers. Try to talk to a state rep.while he is stretched out on a sofa in his office. Nice huh?
Stachia Aliche got her builder to fix cosmetic issues. That's real news. Now who is fixing the homes that are falling apart because of structural defects?
BLDRBOB-the ones that want to abolish TRCC are the ones that are victimized by these builders. Seem seem fixated on the lawyers. Any expereinces you want to share with us?
In my opinion, regardless of all the negative comments Sunset has received TRCC will remain because of the elected officals who chooses to keep it. Well maybe noit because they chooses to keep it but becasue of those potential campaign contributions their builder lobbyists make. Make sure you see the investigative report Amy Davis of KPRC did just recently.

9/2/2008 4:26:46 AM

twobe (4)
twobe wrote:
Excuse me for the grammatical errors and spelling-just noticed those errors.

9/2/2008 4:29:55 AM

Comity_Guy (85)
Comity_Guy wrote:
"Rep. Allan Ritter, D-Nederland, who sponsored the 2003 bill that created TRCC, said he opposes abolishing the commission because it gives people who cannot afford a lawyer an opportunity to seek relief from builders."
Yes, people without lawyers can SEEK relief from builders under the TRCC, they just can't get any. The TRCC needs to go.

9/2/2008 4:54:34 AM

Miemaw (1)
Miemaw wrote:
Almost five years into it, if it doesn't work -- it isn't going to.
Homebuilders should be subjected to the same legal recourse, by consumers, as any producer of goods or services.
Most defective products are either replaced, or repaired, at no cost to the consumer.
Consumers should have their investment in a home protected, not exploited by the TRCC.
A home builder, with a certain number of valid and unresolved complaints, should not be able to build homes in Texas.

9/2/2008 5:28:56 AM

Thunder1 (12)
Thunder1 wrote:
State Rep. Garnet Coleman, D-Houston, voted against it because it cuts into his legal fees.... search the cases he has filed...
.
Look at most commissions, and you will note that the rules, appointments and regulations are mostly window dressing. for decades I can name several commissions that only "policed & fined" those licensed....and almost never went after anyone non licensed.... fact!

9/2/2008 5:30:24 AM

nonothingcommentposter (0)
I'm hoping the picture showing the woman pointing at the rafters was taken from the garage attic entry and not the house. If from inside the house, then she has another complaint. No insulation.

9/2/2008 6:17:37 AM

X14 (37)
X14 wrote:
The TRCC exists because the resolution system before it was attorneys and trials and juries that knew nothing about construction. The attorneys do everything they can to distort the problems, make them sound much worst than they are and extort legal fees and damages often times from juries that don't have the capacity to evaluate what they are being told.
The TRCC attempts to put people in place that can get the problem fixed without throwing money away. Though not perfect and nothing will ever be to everyone's total satisfaction...to move all of this back exclusively into the courts would be a terrible mistake.

9/2/2008 6:22:54 AM

ratfink (25)
ratfink wrote:
So we all have rep Ritter to thank for this state run sham. Support Texas Watch they look out for these shams. To think a state agency is just a sham wow. We not only have to look out for criminals but also our own state has shams.

9/2/2008 6:23:59 AM

X14 (37)
X14 wrote:
The TRCC DOES NOT block the home buyer from filing litigation. It requires the homebuyer go through a resolution process before any litigation is filed. The costs to the Home Buyer for the process is about 250 dollars. If they don't like the outcome they can still file a suit but the findings of the TRCC report become evidence in the resulting trial, that the home buyer must disprove...which is fair.

9/2/2008 6:31:11 AM

X14 (37)
X14 wrote:
Tort reform in Texas such as the TRCC and others has wrecked the incomes of many plaintiff's attorneys. They hate it and will say anythng to repeal it.

9/2/2008 6:32:48 AM

hac007 (0)
hac007 wrote:
Seeing as how Texas politians are bought and paid for by Bob Perry - owner of Perry homes, it's no surprise who the TRCC is designed to "protect".

9/2/2008 6:39:51 AM

ilikeweimar (5)
ilikeweimar wrote:
The TRCC is not a sham. Thankfully it does require the homeowner to go through a resolution process before litigation. Hopefully the TRCC will be allowed to continue the work it has started while improving in areas. The TRCC has and will stop a lot of 'fly by night' builders, the ones operating out of their pickup truck. As of Sept. 1st, it has begun to require inspections in unincorporated areas. This is a good thing that has been a long time coming. The guidelines the TRCC uses are just and fair. Please remember that there are a lot of good, honest home builders in Texas. Yes, there are some shoddy ones. Also, please remember there are a lot of homebuyers that want something for nothing and would be more than happy to waste thousands and thousands of dollars in court at the chance of sticking it to anybody they think they can get a free ride from. Only the lawyers win that ride. Remember the ridiculous lawsuit between Osteen and the flight attendant?

9/2/2008 6:46:05 AM

artemusgordon (0)
There is no more visible evidence of the power of corporate influence in Texas than the TRCC. Bob Perry spent hundreds of thousands of dollars buying elected officials so he could run the agency and protect fraudulent, incompetent builders. For Bob Perry, what is the point of having all that money if you can't buy the things you need, like political protection? Stop electing Republicans and we could get some things fixed in Texas.

9/2/2008 6:51:04 AM

LaMigra (20)
LaMigra wrote:
Maybe these homeowners should have done their due diligence and called in an independent inspection instead of rushing to the bank to get their ARM. Government is not there to be your crying shoulder when you mess up... good on the government for siding with the homebuilders.

9/2/2008 6:58:21 AM

toocan (7)
toocan wrote:
(19)
LaMigra wrote:
Maybe these homeowners should have done their due diligence and called in an independent inspection instead of rushing to the bank to get their ARM. Government is not there to be your crying shoulder when you mess up... good on the government for siding with the homebuilders.
are you serious?

9/2/2008 7:11:24 AM

defman (0)
defman wrote:
LaMigra, you seem to know as much about home builders as you do about mental health. It is easy to cover up flaws and use shoddy materials that won't be found during an inspection, and inspectors have been known to be in bed with the builders on more than one occasion. Government that sides with corporations means that corporations can make decisions you and me can do nothing about as the corporations are no longer accountable - at least we can vote bad politicians out of office, but the corporations just keep rolling along.
And what has getting an ARM got to do with shady builders and people like Bob Perry who keep right on buying politicians. How is an ARM anywhere near as bad as buying a home, whatever the means, and finding out you have no realistic recourse to getting repairs done when the government has been bought by one of the sides in the dispute.
Get real. Quit defending the indefenseable. They don't need your help; remember, they're already rich.

9/2/2008 7:21:49 AM

LaMigra (20)
LaMigra wrote:
Yes, I'm dead serious. Would you buy a car without a mechanic checking it out first? What is so different with a home?

9/2/2008 7:24:36 AM

Axel (4)
Axel wrote:
Do away with them as quick as possible!

9/2/2008 7:36:16 AM

FrankHtown (4)
FrankHtown wrote:
Here's the key. if you see a bunch of homebuilders lobbying to keep it, you know it favors them!

9/2/2008 7:45:06 AM

momothree (2)
momothree wrote:
Everything in America has changed from "for the people" to "for corporate business" nothing setup to help indivual people works - look what the government did for all of those people who are about to loose their homes due to forclosure - the gov. gave the money to the companies doing the forclosing not the people in the homes - this is the same thing companies protect companies and gov. protects all of the companies.

9/2/2008 7:45:18 AM

Axel (4)
Axel wrote:
It's not the fly by night builders people are having problems with. Another reason for creating this monster was to limit Competition. The same holds true for many other regulated services.

9/2/2008 7:48:58 AM

TransAmer99 (10)
TransAmer99 wrote:
In the picture accompanying the article, it stikes me as odd that there is absolutely no insulation in the attic. In Spring, TX, that is unconcionable - she must have an electric bill through the roof each month!

9/2/2008 7:49:54 AM

HotDogs (0)
HotDogs wrote:
Texas builder's so called "tort reform" was little more than a Trojan Horse to put their people onto boards, commissions and courts to trump consumer interests and replace them with theirs. When Bob Perry's lawyer wrote the homebuilder version of the legislation, and then was appointed by Gov. Perry to the stacked commission, the issue was SOLD! to the highest bidders. Shame on all of them.

9/2/2008 7:55:55 AM

nickkeeling (0)
nickkeeling wrote:
This seems to be typical politics. The citizens elect and someone else pays the larger part of the elected officials income.

9/2/2008 7:56:13 AM

HotDogs (0)
HotDogs wrote:
Bob Perry wasn't appointed --- his general counsel i.e. corporate lawyer was. 6 of one --- half dozen of another.

9/2/2008 7:59:14 AM

crp (0)
crp wrote:
You want to see how the TRCC is effective? Check out www.waterhillsucks.com!

9/2/2008 7:59:24 AM

Bldrbob (0)
Bldrbob wrote:
phiddippides08 is obviously an attorney who wants to abolish the TRCC so that every homeowner claim can be turned into a lawsuit. duh! Most claims are settled by the builders before they ever get to the TRCC. However, some homeowners want repairs done that are outside the scope of the warranty. Those represent most of the claims that go to the TRCC. The TRCC gives the homeowner a way to get some action without hiring an attorney through the arbitration process. Nothing is perfect. It will get better by continuing to improve it. Destroying the TRCC now would be stupid. They have already gotten rid of thousands of substandard builders and remodeling contractors through the licensing process, and are just now instituting some inspection laws that will help in unincorporated areas. Things are much better for the homeowner than before. I like most builders, address my warranty claims to the satisfaction of my customer, avoiding any intereaction with the TRCC. If the homeowner is not satisfied with the TRCC arbitration process, they are not prevented in any way from pursuing satisfaction in the legal system as before. I guess they still figure their chances are better without an attorney. Go figure.
If the effectiveness of the TRCC is determined by how many complaints are WON by the homeowners, then when are we going to shut down the agency that oversees and regulates the insurance industry? Check out the number of unpaid claims by Allstate and State Farm, or just talk to someone who received one of their famous "settlements". Complain to the Texas Insurance board about one of those and see what you get.

9/2/2008 8:01:37 AM

TxBigfoot (743)
TxBigfoot wrote:
This is wrong. The consumers need the help.
Do you think that a lawyer for the builder is there or a builder vs the homeowner?

9/2/2008 8:03:55 AM

Aardvaark (1)
Aardvaark wrote:
No one in their right mind would buy a new house or have one built for them. At least not in the Houston area. The way that fields get turned into subdivisions entails bringing in a lot of fill dirt and then pouring slab foundations on top of the unsettled fill. Wait about five years -- not only do you get a chance to inspect what it looks like now, you also get to negotiate with the current owner AND you have some idea of what the neighborhood is like.

9/2/2008 8:08:00 AM

Losslips (16)
Losslips wrote:
It is the people that build the homes that are the problem. No training, it's monkey see monkey do. The only hope for the home purchaser is before you close on the property. If you don't know construction codes buy a book or hire someone to help you, but don't sign off until you believe the job is done right.

9/2/2008 8:13:25 AM

sandy4u (640)
sandy4u wrote:
Home construction is warped, these companies are not hiring the real professionals. I sat in my window on an off day getting some reading in and watch a crew put a WHOLE ROOF on my neighbors new house in less than a days work. This included the shingles, never in my life have I saw such fast work. When hurricane Rita came, alot of those shingles were blown away. Oh well they got a nice BLUE TARP out of the deal.....

9/2/2008 8:17:23 AM

cardiac01 (28)
cardiac01 wrote:
FrankHtown wrote:
Here's the key. if you see a bunch of homebuilders lobbying to keep it, you know it favors them!
-----------------------
Thank you for expressing common sense. The TRCC is nothing more than a really bad joke with the home buyer being the punch line which is precisely the reason I have not and will not buy a new home in Texas. Unlike many home buyers, I have extensive experience in home building which helped put me through college. The quality control, or lack thereof, with regard to home building in the Houston area is numbing. These massive compounds in which one builder is building many, many homes at one time is a joke..... What's that? They have a construction manager on site??? Please people... are you kidding? What they have are low paid laborers who wouldn't know a right angle from a hole in the ground and moreover, couldn't care less.
Quick question..... for those of you who bought one of these stick built, "manufactured" homes from one of these conglomerates....what do you think is between the sheet rock along your walls? 2X4s? How about what equates to a full trash can of trash, such as soda cans, chip bags, cigarettes, building scraps, etc.... absolutely true... I've seen it dozens of times here in Houston. While some may argue, "How does that affect the quality of the house", I say look at the bigger picture. This is the largest investment most people will make....this is their home. Yet, if a builder doesn't have enough pride to prevent his crew to place A LOT of trash between your walls, do you really think he has taken measures to build a quality home? It's the same concept with restaurants... if the restroom is filthy, do you really think the kitchen is that much better?

9/2/2008 8:28:13 AM

cardiac01 (28)
cardiac01 wrote:
sandy4u wrote:
Home construction is warped, these companies are not hiring the real professionals. I sat in my window on an off day getting some reading in and watch a crew put a WHOLE ROOF on my neighbors new house in less than a days work.....
------------------------
Exactly.... happens every day.... sad, sad, sad. I looked at a completed home in Sienna Plantation once.... you could literally see what must have been at least a 5 to 7 degree slope in the floor while just peering through the window.... un-freakin-believeable.

9/2/2008 8:36:13 AM

quail (0)
quail wrote:
TRCC: A gift from Bob Perry and the Republican legislature he bought.

9/2/2008 8:48:17 AM

JohnnyRingo (0)
JohnnyRingo wrote:
Abolish the TRCC. The only requirement a person has when purchasing the home is to pay. The builder is obliged to provide a quality structure and in many cases is not.

9/2/2008 8:49:19 AM

barnicle (8)
barnicle wrote:
I hate to see this happen to people. Had she used a Realtor, they would have advised her to have an inspector perform a 3 stage inspection and the problem may have been caught.
Consumers should run as fast as possible away from builders that insist that a Realtor will only cost them more. Unfortunately it cost this family 50k+.

9/2/2008 8:51:22 AM

quail (0)
quail wrote:
TxBigfoot wrote:
This is wrong. The consumers need the help.
Do you think that a lawyer for the builder is there or a builder vs the homeowner?
- - - -
This looks like it was sent in by Bob Perry's secretary.

9/2/2008 8:51:52 AM

quail (0)
quail wrote:
Bldrbob wrote:
phiddippides08 is obviously an attorney who wants to abolish the TRCC so that every homeowner claim can be turned into a lawsuit. duh! Most claims are settled by the builders before they ever get to the TRCC. However, some homeowners want repairs done that are outside the scope of the warranty. Those represent most of the claims that go to the TRCC. The TRCC gives the homeowner a way to get some action without hiring an attorney through the arbitration process.
- - - -
"Bldrbob"? As in Bob Perry?

9/2/2008 8:54:28 AM

cardiac01 (28)
cardiac01 wrote:
HotDogs wrote:
Bob Perry wasn't appointed --- his general counsel i.e. corporate lawyer was. 6 of one --- half dozen of another.
-----------------
As you suggested, Perry's general counsel is essentially Perry's puppet in a lawyer's suit. That's what donating $850,000 to Gov. Goodhair's political campaign (or whatever) will buy you.... Thanks Slick Dic...I mean Rick.
____________________________________________________
For those who are asking for inspections before they close on the house.
1.) to have it done right, they would need an inspector/builder from essentially day #1. How feasible is that for most people? It's very costly. An inspection before closing (after everything is covered up) will not point out potential flaws that may take a few years before rearing its ugly head.
2.) Many people are taken in by curb appeal.... this combined with pushy or even overbearing sales persons, overly reassuring building managers, etc..... their excitement of moving in overwhelms any sense of practicality... and besides, "What if something was really wrong? Then what??? Start over? Potentially lose our earnest money??? Potentially spend more money in legal fees???
3.) Kickbacks.... yes, kickbacks. Even if the most persistent home buyer demanded an objective home inspection at his expense, good luck. While it's not impossible (because there are a few good ones), there are many who already have arrangements with these builders to "overlook" a few flaws in return for greenbacks.

9/2/2008 8:57:52 AM

JSKY (108)
JSKY wrote:
"With the support of home builders, the TRCC was established to create a system to resolve disputes between builders and homeowners before they headed to court." That's code for throw up a roadblock between consumers and the protection of the court system.

9/2/2008 9:00:22 AM

quail (0)
quail wrote:
Bldrbob wrote:
phiddippides08 is obviously an attorney who wants to abolish the TRCC so that every homeowner claim can be turned into a lawsuit. duh! Most claims are settled by the builders before they ever get to the TRCC. However, some homeowners want repairs done that are outside the scope of the warranty. Those represent most of the claims that go to the TRCC. The TRCC gives the homeowner a way to get some action without hiring an attorney through the arbitration process.
- - - - -
TRCC SCORECARD :
BUILDERS 88
HOMEOWNERS 12

9/2/2008 9:01:27 AM

factjack (0)
factjack wrote:
I look forward to the day when an issue is about right and wrong and not anything else. That may be simplistic, but it is the truth. No party, cause, or committee will be able to claim responsibility, only the people who want what is right and stand up and declare it, and that is us.

9/2/2008 9:05:33 AM

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