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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 - TRCC Comments
Tuesday, 02 September 2008

Houston Chronicle Comments - Page 2
Consumer Watch: Opinions mixed on the fate of TRCC

HPH007 (0)
HPH007 wrote:
25 years ago a friend of mine tried to get some recourse against a builder who refised to fix problems with my friends 6 months old new home by suing the builder in small claims court. The clerk of court refused to accept the paper work telling my friend that "we (the Texas court sytem) don't accept claims against builders, they do too much for the economy (read that as abundant kickbacks to judges). He never could get anything done. Nothing has changed since then.

9/2/2008 9:05:34 AM

cardiac01 (28)
cardiac01 wrote:
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?
-------------------------------------
No, you're misinformed.... at best. Yes, they should have an inspection, but a post-construction inspection is limited and will often times will not identify hidden problems, and that's if you have an honest inspector who isn't on the builder's payroll (without your knowledge). A post-construction inspection will generally pick up the most minor flaws.... not flaws in the foundation or framing (unless they're blatantly obvious and again, if the inspector is honest).

9/2/2008 9:10:30 AM

Bldrbob (0)
Bldrbob wrote:
Quail & JSKY...
The score is consistent with the claims I saw when I worked for a large homebuilder. Most claims are bogus. There is no roadblock to the legal system. It is still there. Like any other business, there are some good builders, and there are some bad ones. Always check a builders references for a custom home. All tract homes are built with cheap materials, and illegals for the labor. That is why they have been so cheap. most of the time, you get what you pay for. Abusive builders lose their license when it comes up for renewal. The TRCC has eliminated several thousand "former" builders and remodelors. There is a continuing education process in effect now that forces builders to attend classes on code updates etc. Like I said befoe, the only people that want to get rid of the TRCC are the lawyers because it gives the homeowner a free arbitration process to get action. It isn't designed to be the only solution.

9/2/2008 9:39:45 AM

X14 (37)
X14 wrote:
The System does not prevent a homeowner from filing a lawsuit, it only postpones that until an inexpensive evaluation can take place which will offer a remedy. Then the homeowner can go forward with a suit if they do not like the finding of the TRCC.
This is part of tort reform in Texas that has undercut the fortunes of plaintiffs attorneys in this state significantly. It isn't perfect, but it is better than not. If you want the cost of a home to go back to including attorneys fees and court costs for many lawsuits that were baseless...and little more than legalized extortion by prize hunting ambulance chasers, then ask for the repeal of the TRCC.
Very few if any people that have posted here truly understand the workings of the TRCC. The best course of action is to understand it first and then seek ways to improve it that keep the ambulance chasers at bay.

9/2/2008 9:43:00 AM

X14 (37)
X14 wrote:
"(107)
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 "
.
.
NO..that's code for "spend five thousand dollars on a five thousand dollar problem before you spend ten thousand dollars in attorneys fees distorting the five thousand dollar problem.

9/2/2008 9:46:21 AM

reefrat (2)
reefrat wrote:
Interesting that only now when TRCC is facing abolishment do it's advocates see the need for improvements to it. From a 12% resolution rate last year to 33% so far this year, it's clear that somebody lit a fire under their back ends. They should have been protecting the home buyers all along.

9/2/2008 9:53:05 AM

X14 (37)
X14 wrote:
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. "
.
.
You CAN take a builder to court. Nothing stops you from doing do. But you must file a complaint and let a state inspector offer an opinion before you do. After the opinion is offered, you can still file the suit.

9/2/2008 9:53:54 AM

X14 (37)
X14 wrote:
The TRCC was set up to send a state inspector to evaluate a dispute and suggest a remedy for a problem with a home. The remedy is not binding on either the homeowner or the builder and the homeowner can still proceed with a lawsuit, on the condition that the report becomes evidence.
If Homeowner's are being stiffed and under represented by state inspectors, it is in the interest of BUILDERS to take steps to make certain the condition is rectified so that the dispute resolution will stay in place and money spent can be spent on the actual problems and not the courts and attorneys. That is in the interest of everyone.
IMO, the reason that the TRCC exists is primarily because of the unconcionable abuse and burden put on the housing industry and housing prices by uncontrolled prize seeking ambulance chasers.
IMO and many others...they are not the champions of the people but only the champions of themselves. If you open the gate an invite them back in, we will all be the worse.
Focus on the TRCC and improve it. That is very much within the reach of concerned citizens.

9/2/2008 10:11:39 AM

ilikeweimar (5)
ilikeweimar wrote:
If I go down to the local Dollar Store and buy a shirt because it is cheap and I don't care that it is mass produced, I should not complain when it falls apart at the seams. I got what I paid for. If, however, I go to a specialty clothing store and pay more money for a shirt that is well made and not mass produced I expect it to be of good quality and hold up well. The same is true of the housing industry.
The majority of custom home builders in Texas are excellent builders. In choosing just the right one for your project, there are a number of questions you might want to ask.
1.) Look closely at the homes the builder has completed and has under construction. Do they represent the workmanship you desire?
2.) Request the names of several of the most recent customers he has completed homes for. Call the customer and ask them for their recommendation.
3.) Has he furnished you with complete plans, specifications, and a firm price for the home?
4.) You should feel comfortable with the builder and have a rapport with him.
5.) Is he a full time home builder? Does he appear organized? He should present you with plans, specifications, etc. that appear professional. Does he have an office and an experienced staff?
6.) Put everything in writing. There will be no disputes if it is in writing and signed by both parties.
7.) When comparing proposals for homes it is essential that you compare apples to apples. It is easy to lower the price by using lesser quality material, not including amenities, ceiling height differences, leaving soil problems open, and much more. You should carefully compare builders' bids, item by item, what is being proposed. If there is a large variance between two builder's prices for a similar home the difference will almost always be the quality!

9/2/2008 10:11:49 AM

Bldrbob (0)
Bldrbob wrote:
AARDvark
you must be a realtor...you are confusing tract building with custom building...different things. Get a clue

9/2/2008 10:17:40 AM

Axel (4)
Axel wrote:
(0)
A_Foodie
Great comment

9/2/2008 10:19:56 AM

Fibras (39)
Fibras wrote:
All these Houses recently Built with cheap labor will be falling apart sometime soon too.
The next problem waiting for the Housing Market

9/2/2008 10:29:12 AM

amgems (0)
amgems wrote:
After they scrap the Home Builders' Protection Commission, they should walk across the street and abolish the Texas Insurance Company Protection Department, too.
Texas has close to if not the worst record of consumer protection, despite the hyperactive public relations campaign of Attorney General Greg Abbott.
Texas government should serve Texans, duh! But instead, Texas state government runs on corporate bribery.

9/2/2008 10:34:31 AM

X14 (37)
X14 wrote:
"Jeryl Bennett paid about $130,000 for her new home four years ago. The appraised value now: $77,000"
.
.
In that price range the decrease probably had a lot to do with sub prime lending and immediate area foreclosures...and the defect.

9/2/2008 10:41:35 AM

franka1 (0)
franka1 wrote:
Here in Austin the DRC is a sham the plaintiff sets down and the defendent brings in a lawyer and picks the innocent plaintiff brain, the defendent then will say ok I will get my man to do it and the man refuses and the defendent then go to small claim court and as a lawyer they get the thing set to make the plaintiff out a liar. That has happened twice so far and i do not care to goto DRC for any thing. DRC is a SHAM.
Frank

9/2/2008 10:46:16 AM

X14 (37)
X14 wrote:
franka1 wrote:
Here in Austin the DRC is a sham the plaintiff sets down and the defendent brings in a lawyer and picks the innocent plaintiff brain, the defendent then will say ok I will get my man to do it and the man refuses and the defendent then go to small claim court and as a lawyer they get the thing set to make the plaintiff out a liar. That has happened twice so far and i do not care to goto DRC for any thing. DRC is a SHAM.
Frank :
.
.
What are you referring to?

9/2/2008 10:52:04 AM

truetexanfan (0)
truetexanfan wrote:
This agency is nothing but a sham against homeowners. Bob Perry and David Weekly have donated hundreds of thousands if not millions of dollars to get the Republicans to push their anti consumer bills through Austin.
Home builders want to build as many cheap homes as they can and then give you a worthless "warranty." Time for some changes in Austin. This agency needs to be abolished.

9/2/2008 10:56:39 AM

pragmatist (0)
pragmatist wrote:
Bldrbob is living in a dream world. Tract home or custom home, there is no REAL difference other than the price and the granite vs. formica counter tops. The same guys who frame the tract home frame the 'custom 'home. Besides, isn't the buyer of a 'tract' home as entitled to a quality product as much as the owner of a 'custome' home?
To suggest that it is fair to let the TRCC report be revealed to a jury if the matter goes to court is ridiculous and such an attitiude reflects your bias. Get a clue, if the thing goes to court, it is because the TRCC, which is loaded with pro-builder members, tried to screw the homeowner and, of course the report is going to favor the builder. Face it, people are waking up to the fact that the TRCC is a big pay-back from Gov. Good Hair to his buddies in the building industry (Perry, Weekly etc) who put him in office.
What is so wrong with letting a jury of regular citizens hear all the evidence? It has worked in this state for 163 years. What are the builders afraid of? Justice?

9/2/2008 11:34:46 AM

Charli (6)
Charli wrote:
"Built by using illegals in the past I'm sure."
And still are. But the builders have bought the Republican Party. So don't count on any raids on their construction sites. Or count on TRCC being abolished while Republicans have control of the Texas Legislature. Or while RIck Perry is govenor. So don't count on it being abolished at all. By the same token, without TRCC there is no real option for homebuyers except lawsuit and the majority of homeowners probably cannot afford an attorney. So it's a blessing and a curse. Perhaps it needs to be "fine-tuned" but again you have the problem of a Republican legislature and a Republican governor that the homebuilders have bought.

9/2/2008 11:35:05 AM

JanetAhmad (0)
JanetAhmad wrote:
Another reason TRCC should be abolished
Dallas Morning News: Duane Waddill, TRCC executive director, upon learning the Sunset commission Report recommends abolishment of TRCC, calls it: "…a basic misunderstanding of what we were created to do. He said his agency's mission is to help resolve disputes between homeowners and builders… and not necessarily to regulate an industry."
I repeat: "and not necessarily to regulate an industry."
In Houston Chronicle: Duane Waddill, the TRCC's executive director, said the 12 percent figure has increased to about 34 percent in the last six months. He said that if the agency, which averages about 1,000 complaints a year, is abolished, it would clear about 28,000 builders from regulatory oversight.
I repeat: abolished, "it would clear about 28,000 builders from regulatory oversight."
What is the message or spin by TRCC? Both statements are designed to mislead the public.
As the Sunset confirmed, TRCC was designed to regulate the homeowner and dictate the obstacles aggrieved homeowners must perform, while builders need only pay a nominal fee and provide a social security number, without regulatory oversight of the homebuilding industry. No other state does this to homebuyers.
There is a consumer movement it is here and now and “consumers are going to rise up in wrath and deliver a mighty blow to the industry…the patience of the American consumer is rapidly running out… And it will not be denied over an issue so fundamental as decent housing.”
That mighty blow is to support the Abolishment of Texas Residential Construction Commission (TRCC) the state agency bought and paid for by the builders for the builders. See the scathing Texas Sunset Commission Report that condemns TRCC and write state elected officials to Abolish TRCC.
Janet Ahmad president, Home Owners for Better Building

9/2/2008 11:36:35 AM

truetexanfan (0)
truetexanfan wrote:
JanetAhmad and pragmatist- excellent posts.

9/2/2008 12:14:59 PM

Minuend (0)
Minuend wrote:
From the article: "Repeated attempts to reach a Lennar spokeswoman last week were unsuccessful."
The defense rests.

9/2/2008 12:20:58 PM

aabb (0)
aabb wrote:
Another big thank you to Republicans. And who do you think was in office when this
agency was created. Eyewash as usual. Just like the insurance commission. and utility deregulation. When will Texas residents stop these people from picking our pockets.
As your legislator and good luck.

9/2/2008 12:24:55 PM

TexasConservative (25)
Everybody in Texas should applaud the demise of the TRCC. The law authorizing TRCC was written by the builders and special interest groups, and is nothing more than a sham to shield them from liability due to poor, cheap, shoddy construction practices. The TRCC dispute resolution process puts undue burden and expense on homeowners, and sets the bar incredibly low for the homebuilders.
What homeowners NEED is access to the court system. If I have a contract with a customer to perform some service, and my service is not up to par, I'm going to get sued in state court. This is true for every industry EXCEPT HOMEBUILDING. Why are homebuilders treated differently?

9/2/2008 1:14:32 PM

flipflop_mcclown (16)
TexasConservative is Billy Bob Perry in drag.
ALL hombbuilders are crooks.

9/2/2008 1:44:34 PM

CharlsO (47)
CharlsO wrote:
With very few home grown craftsmen practicing the building trade we are rapidly approaching the days of more unqualified builders and inspectors. The link has been broken where the new craftsman learns from a master and passes it along.

9/2/2008 2:07:55 PM

PeoplesPeople (0)
HCAD is full of crooks...www. hcadsucks . org

9/2/2008 2:23:06 PM

ChesterCheeto (81)
Hmmm, it's the Democrat who wants to terminate this tax guzzling sham of government and a Republican who wants to continue funneling my money to it. And the Repbulicans want to know why this conservative won't vote for Perry or Dewhurst even if they were running against Satan himself?
.
What else have I seen under Republican control in Texas? New tax schemes while we have a multi-billion dollar revenue surplus. Runaway property taxes. The trans-Texas corridore boondoggle. Runaway illegal immigration. Toll roads up for sale to the highest international bidders. etc. etc. etc.
.
Can any RNC official enlighten me as to why I should even vote in any local elections (with the exception of Dan Patrick and Ted Poe that is)?

9/2/2008 2:26:19 PM

ChesterCheeto (81)
PeoplesPeople wrote:
HCAD is full of crooks...www. hcadsucks . org
.
Amen!!!

9/2/2008 2:32:21 PM

minifarm (5)
minifarm wrote:
tobe It did.read

9/2/2008 2:33:20 PM

kebowers (0)
kebowers wrote:
Texas should adopt the Uniform Building Code as The Minimum Building Standard to which every structure 'bulit for hire' must conform or exceed. The reason I chose Bellaire as home was the much more certain standards of construction incorporated in the Ordinances. Even so, we had to sue the builder ($50K and 5 years) to get resolution of a failed foundation and other non-conformances to code. The "HOME" warranty was useful only as a contributor to settlement funding. The Builders insurance company paid heavily. The Builder was totally uninterested in meeting the minimum fundamental standards.

9/2/2008 3:43:03 PM

mreaster (0)
mreaster wrote:
My neighbors across the street have massive foundation trouble. I can actually see where their attached (or at least that is what it is supposed to be) garage is separating from their house from my study (approx. 100 ft. away). They have been fighting the TRCC for three years now. However, despite the flaw (clearly visible) and professional reports from all the top foundation companies in Houston, TRCC maintains they are dealing with natural settlement.
While normally I would applaud Texas for pro-business, pro-growth policies, this agency is a disgrace. The sooner we are rid of it the better. Although I would hate to see the courts jammed up with builder lawsuits, I think it would improve the quality of the product they deliver and motivate them to take responsibility for their workmanship.

9/2/2008 3:50:18 PM

Ronlo (0)
Ronlo wrote:
WANNABE
Your an idiot.

9/2/2008 4:00:59 PM

MikeS100 (0)
MikeS100 wrote:
Shut 'er down!

9/2/2008 4:31:34 PM

littledude (0)
littledude wrote:
With only one homeowner that got fixed, some of the problem(that what they claim,i do not believe at all) they making big news,what about all of US that we
never where able to get any HELP?Builders ,they cheeted, lied,and builded CRAPPY houses ,the all situation is been caused by THEM.
We need to SCRAP TRCC, and send all those CROOKS in JAIL

9/2/2008 4:34:30 PM

twobe (4)
twobe wrote:
There is a consumer movement it is here and now and “consumers are going to rise up in wrath and deliver a mighty blow to the industry…the patience of the American consumer is rapidly running out… And it will not be denied over an issue so fundamental as decent housing.”
Janet Ahmad president, Home Owners for Better Building
The above words are basically a quote from Elizabeth Dole from 1979 addressing a group of Homebuilders.
Mrs. Dole gave an outstanding speech that 30 years later holds true today.
There is a consumer uprise, we will not be denied...
30 years later and not only are we not further along indeed we have stepped back because of the likes of the Perrys and Weeklys and tort reform and MBA.
Let us not forget the case of Perry vs. Cull in all this. A man who would not fix a house for a senior couple yet he makes treks to Mexico to take care of his workforce (read Bob Perry needs a hug)
I iknow I have sent several viewpoint letters to this paper to publish . seems like when I get to tough they don't get published., All coming on the heels of editorials by Brian Binash. By the way read on HOBB about Mr. Binash-head of TBA.
My debacle started by using the BBB to find a builder. I will reiterate worst mistake I have ever made. the builder still stands in good standing. My home is a disaster but the BBB sees fit to maintain their clients. Elsewhere this client of the BBB lost in arbitration, is getting sued and comments abound on the net.
Real nice.

9/2/2008 5:43:15 PM

88Comments
http://www.chron.com/disp/discuss.mpl/business/realestate/5978163.html?p=1#

 

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