Goodnight TRCC
No Help for Active Duty Soldier as DR Horton Ignores Warranty Responsibility
A Senior Non-Commissioned Officer in the USAF currently deployed in support of our country soldierâs response to an e-mail from Texas Residential Construction (TRCC). James Winslow has testified at the Capitol and the San Antonio City Council on several occasions asking for help to make DR Horton accept warranty responsibility for his defective home. Winslow and his family continue to struggle through TRCC nearly 2 years without resolution. See Jim Winslow.Statesman Blog.com. Read much more on Jim Winslow's defect house and TRCC...
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Sunset Advisory Commission
P.O. Box 13066
Austin, Texas 78711
Subject: Abolish TRCC
We entered into the SIRP process in August of 2007. To date we have spent $22,000 in attorney and inspector fees to have a decision rendered in our favor on June 19, 2008. The T.R.C.C. will tout this case as a success, however we strongly disagree.
The decision was only made available after threats of media were made after it came to our attention that our case was listed as closed with only a request of inspection while we were still in the appeal process, which was to have been completed March 27th by the T.R.C.C.'s own timeline. After we brought this to the attention of the T.R.C.C. attorney's we had a decision within 24 hours.
In addition to lengthy delays and excessive financial hardship it became very apparent that this state agency was not unbiased, and the general lay public would not be able to successfully navigate the system. Most people enter into this process without representation and are dismissed unceremoniously outright.
It is my opinion that this is a legal dispute and they lure individuals into this without representation and the promise of low inspection fees. The unsuspecting citizens are shocked when they find out that timelines, paperwork and other rules drafted by the builders have blocked their opportunity to seek resolution. This often ends any recourse that the individuals may have in the legal process thus removing the individualâs civil rights.
Our case was successful in finding with fault in the construction of our home, not in large part by the T.R.C.C. and its efficiency, but because of our persistence as homeowners to seek justice. That justice is tarnished by the fact that the T.R.C.C. has no ability to provide us with restitution.
In essence, we have wasted over a year for a piece of paper that is essentially worthless given the financial and emotional distress encountered not only by the state agency, the city and the local building association we have opted to settle in lieu of spending and additional 85 to 100 thousand dollars in a civil trial.
This settlement will essentially cost us approximately $150,000 and comes with the stipulation that we must remain silent unless subpoenaed.
The most difficult aspect of this whole situation is that it will take us years to recover financially, yet we are unsure if our faith in the government will ever be restored especially since our builder will continue his practices without any consequences and other unsuspecting citizens will fall prey to this predatory behavior that is encouraged by the current system in place.
We have been assured prior to "settlement" by Mr. Duane Waddil that he will pursue this builder based upon claims made by other homeowners. We will wait to see if this occurs.
We have lowered our standards in
Texas
to accept substandard as the norm. This is going to be felt in our economy for years to come. Allowing builders to lobby and pool assets and not allowing consumers to join in class actions to fight is putting one group above another in the law. Binding Arbitration is also turning out to be a 100% for business affair, which once again is putting one above another. This goes against the very fabric that our government was set up to protect, and we must as a nation reset our course.
As a government, it must be for the people by the people, not by the business to take advantage of the people as in the case of the T.R.C.C. This is blatant deregulation under the disguise of regulation.
It was brought to my attention that Mr. Waddil claimed that his agency was not set up to be a regulatory agency. Thatâs funny because everyone tells me that it is the only regulatory agency in the state for builders. In my humble opinion, I want to stir that under Mr. Waddilâs watch, attorneyâs have broken their own code of ethics in defending builderâs that they know are committing fraud.
The intent of the law is that all homeowners have a 10-year structural warranty. The builders crafted the law with loop holes and hire lawyers to get them out of providing the warranty when defects arise. So, they sell a product with the promise of a state mandated 10-year warranty with no intention of actually servicing this warranty.
All kinds of tricks are played with fine print and the like. It is really just a shame. It appears that real estate sales in
Texas
are pretty much unregulated. Disclosure is a joke and binding arbitrations are the norm. No consumer protection in the state. This will increase foreclosures and hurt consumer confidence.
This is a perfect example of how a crook can put a paper to someoneâs head and steal thousands of dollars and avoid prosecution.
Sincerely,
Rodney Featherston
Amarillo
,
Texas
79119
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Sunset Advisory Committee
Testimony by
Dorina Corrente
September 23, 2008
Thank you Mr. Chairman and Committee Members: My name is Dorina Corrente and I am a homeowner. My experience as a homeowner is testament to the failure of
Texas
to protect new homebuyers
TRCC should be abolished. Based on my experience TRCC has been a partner with the builder of my home, DR Horton, to avoid honoring my warranty.
My experience shows TRCC was created to protect builders from liability for their shoddy construction and drive homeowners like me, with worthless warranties, into legal disputes.
Two years ago I met with Mr. Waddill, the executive director of TRCC, and asked for help but he has done nothing. To the contrary, DR Horton and Mr. Waddill have tried to sucker me into an expensive legal dispute.
Instead I have taken my bad experience public to elected officials to expose the uselessness of TRCC. I refuse to be one of the 88% of homeowners that ended up in a no-win legal dispute.
My builder is confident that TRCC will do nothing and I, as a victim, will suffer for their mistakes of building my defective house.
Since the day I bought my house in Dec. 2003, it has been a tragedy. These include lending enticements regarding DR Hortonâs mortgage financing, to basic warranty issues and major defects.
The house was built on active springs; with bad drainage, defective heating and a/c and defective plumbing. These facts have, contributed to toxic mold growth all over my house, plus 46 defective items confirmed by DR Hortonâs inspector.
Last year on November 13, my State Representative Dora Olivo arranged a meeting at the Capitol with her staff, DR Horton, Mr. Waddill, my realtor and Janet Ahmad with Home Owners for
Better
Building
.
Despite TRCC participation in this meeting, the agency has done nothing to encourage my builder to do what is right. To the contrary Mr. Waddill supports DR Hortonâs false claims, creating obstacles to an appropriate resolution. Please refer to the letter Mr. Waddill wrote recently, which grossly misrepresents the facts and supports the builderâs excuses.
The actions of TRCC and my builder have drained me emotionally and negatively affected my health. The Tax Appraisal District again this year reduced the value of my house by $30,000, due to the toxic mold and defects.
Please abolish TRCC. This agency unnecessarily punishes new homebuyers for the mistakes of irresponsible builders.
Thank you.
Dorina Corrente
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Association of Veteran Women, Inc.
P.O. Box 202251
Arlington, Texas 76006
September 22, 2008
TO: Sunset Commission
RE: Abolish
Homebuilder Agency
Texas
Residential Construction Committee (TRCC)
To Whom It May Concern,
I am a 100% Disabled Veteran that served my country for 3 years in the United States Army and 12 years in the Army Reserve. I have been diagnosed with Post Traumatic Stress Disorder (PTSD). I used the Texas Veterans Land Board (TVLB) (VA Benefits) to purchase a new KB Home on September 30, 2003. The substandard KB Home that I purchased on September 30, 2003, has numerous construction defects, some of which may be major.
Also, I am on a fixed income and my mother is a senior citizen and lives with me. My family has been deprived of the full enjoyment of my home, which has left us both emotionally and financially drained. We will no longer be subjected to further discomfort or paying for mistakes that were not of our making but that of KB Home.
It was our intention to attend the Sunset Commission Hearing to abolish the Texas Residential Construction Committee (TRCC), however, my mother became ill and had to be admitted in the hospital in
Fort Worth
,
Texas
and we are not able to attend this Hearing. Since we are unable to attend, please accept this letter to abolish TRCC.
It is interesting that Home Builders are the only ones that like Texas Residential Construction Committee (TRCC) âwhyâ? Who are they to tell the Home Buyers and legislatives what is best for the consumers?
It is in the best interest of the Home Buyers that TRCC be abolished as soon as possible due to the fact it is a broken system that bleeds out on the Home Buyers, in which we are not interested in a legal battle with a State Agency who will only regulates for their allies the Home Builders.
I have formed Association of Veteran Women, Inc. (AOVW, Inc.) we believe that women understand women and are better at assisting one another; therefore, we are dedicated to providing healing, hope and support for tomorrow to active duty women, veteran women and disabled veteran women. AOVW, Inc. will provide the opportunity for women who have not been given a chance, to speak up, to speak out and speak on various issues for women who have served and are serving in the armed forces in defense of our beautiful country.
It is a sad day in
America
, when we return home after serving our country and use our VA Benefits only to be ignored by our local, state and federal government. Therefore, it is my desire to speak out on a national level re-educate the local, state and federal government on the real issues of buying substandard homes with our VA Benefits.
I sent a letter certified return receipt to KB Home Corporate Office requesting to buy back my home but that request has fallen on deaf ears.
However, since my home has been falling apart at the seams, on May 29, 2008, I filed a Notice of Protest with the Tarrant Appraisal Review Board and for their personal review, also, I mailed in about 68 digital pictures. My original market value on my home at 2448 Big Spring Drive, Fort Worth, Texas 76120 was $172,200.00 and my market value has been reduced by $72,200.00 and my market value is $100.000.00.
I will be speaking out on a national level to educate others about the substandard building of my âKracker Box KB Homeâ and this whole corrupt home buying industry. We can clearly see how the economy has eroded and we all know how much
America
loves the women and men serving in the armed forces, therefore, once I layout a road map that leads back to a corrupt
Home
Building
industry, in the name of Jesus KB Home will buy back my home.
Should you have any questions or comments, call me (817) 461-5116 Office/Fax.
Thank you for your prompt attention this very serious matter.
God Bless
America
!
Sincerely,
Kericia E. Smith
Disabled Veteran
Founder, CEO, National Executive Director
Proverbs 31:8-9
Speak up for those who cannot speak for themselves, for the rights of all who are destitute
Speak up and judge fairly; defend the rights of the poor and needy
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