Heads They Win . . . Tails You Lose
Homeownrs are hung out to dry by a system that virtually asures victory to wealthy homebuilders, regardless of the legal road traveled...So the battle of the billionaire builder vs. the homeowner continues.  It is clear to the Culls that the system is broken.  And it’s not likely to get fixed by a panel controlling access that includes one of Bob Perry’s staff in its ranks.  The TRCC stands as a perfect example of political power and money run amok in state government.  Nothing short of a major overhaul will even come close, and any solution has to include removing builder advocates from the panel.  Probably the best answer is to throw the baby and the bathwater in the ditch and rethink the entire issue with a lot of input from the public . . . not from Bob Perry or John Krugh.

Heads They Win . . . Tails You Lose

“Homeowners are hung out to dry by a system that virtually

assures victory to wealthy homebuilders, regardless of the legal

road traveled”

After many, many futile efforts to get Perry Homes to accept responsibility for having constructed a defective home, Bob and Jane Cull were left no option but to retain legal counsel.  That was eight years ago.

Perry Homes and other Texas homebuilders had sought to have binding arbitration become the venue of choice to settle disputes because they had been hammered in the courts.  Partly as a result of the Cull’s resounding success in arbitration, they had successfully cobbled together something called the Texas Residential Construction Commission.  Disguised as a consumer conduit to achieve speedy and fair resolution to construction complaints, the appointment of Perry legal staffer John Krugh set off alarms among consumers with knowledge of his role as a Perry Homes advocate.

Contrary to the recent efforts of homebuilders across Texas , Perry Homes decided to have the courts deny the Cull’s right to arbitration.  Their arguments were rejected in the District Court, the Court of Appeals and the Texas Supreme Court.  All agreed that the Culls had not waived their right to arbitration.

They went.  They won . . . big.  The arbitrator, the only person to review engineering reports and depositions, and listen to the examination and cross-examination of witnesses by both sides, issued a sizeable award and scathing denunciation of Perry’s conduct.  Over Perry’s objections, the District Court confirmed the award.  Their arguments were rejected as well by the Court of Appeals.  But the Texas Supreme Court stood strong against the homeowner and favored Perry when no other court had done so.  Even this same venue, with different faces, gave the Culls the go-ahead to pursue arbitration.  Now, after nearly a decade, that same court was telling them to start over again. 

So the battle of the billionaire builder vs. the homeowner continues.  It is clear to the Culls that the system is broken.  And it’s not likely to get fixed by a panel controlling access that includes one of Bob Perry’s staff in its ranks.  The TRCC stands as a perfect example of political power and money run amok in state government.  Nothing short of a major overhaul will even come close, and any solution has to include removing builder advocates from the panel.  Probably the best answer is to throw the baby and the bathwater in the ditch and rethink the entire issue with a lot of input from the public . . . not from Bob Perry or John Krugh.

Robert and Jane Cull

December 16, 2008