HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House
Home Buyer Resources
New Home Buyers Guide
Message to Homebuilders
Home Warranties
Links
HUD's Broken System
Homeowners Websites
Defective Products
Success Stories
Monday Morning Mold
Foreclosure Info
Contracts & Arbitration
Home Warranty FAQ
Inspections
Developers Clear Cut
Home Lemon Law - Archived News
JD Powers Results
TRCC in the News
Home Owner Complaints
Builder Complaints
Home Builder Complaints
Complaints
Register Your Builder Complaint
New Home Complaints
Blackstone Vs. Pulte
Pulte Nightmare Home
Pultegeist Nightmare
PulteNightmareHome
Inspections What Inspections?
New Home Inspections
KB Home Class Action

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
We have 10 guests online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

 

Outrageous! Buy a New Home - Don’t Sue and Shut Up
Homebuilders will stop at nothing – Now Buyers must agree not to Speak
Beware of New Builder Clause – Homebuilder requires that homebuyer sign clauses forcing buyers to give up their constitutional rights.  It’s a decision between constitutional rights and the American Dream. 

SEE: KB Warranty Conditions - Sign A Shut Up Agreement or No Repairs
PLUS: It's Your Choice, Homebuilder Contracts - Hold Harmless  

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation 
TEXAS REGULATES HOMEBUYERS!
NEW HOMEBUYER LEGISLATION MAY BE COMING TO YOUR STATE SOON
!
How Texas Home Building Industry shaped the Texas Residential Construction
Commission (TRCC) and regulates new homebuyers

EDITORIAL: Express News Supports Home Buyer Relief
Monday, 08 April 2013

EDITORIAL: Home buyers need relief from the state
After a disastrous experience with the Texas Residential Constructio Commission, which ended in the agency being abolished, the Legislature has done little to address consumer and builder concerns that prompted the agency's creation...The agency was so flawed it did more harm than good to homebuyers and was dissolved in 2009... Legislation proposed by Democratic Reps. Joe Farias of San Antonio and Lon Burnam of Fort Worth would offer relief for homebuyers, but it does not protect all consumers...These problems are not unique to any region, and state lawmakers need to address them. Sidestepping the issues is unacceptable.

EDITORIAL: San Antonio Express News
Home buyers need relief from the state

          
After a disastrous experience with the Texas Residential Construction Commission, which ended in the agency being abolished, the Legislature has done little to address consumer and builder concerns that prompted the agency's creation.

Several bills have been introduced this session in an attempt to level the playing field between homebuyers and homebuilders, but the measures face an uphill battle in a Legislature where lobbyists and big contributors have extraordinary clout.

If the TRCC had worked properly, it would not have squandered its opportunity to protect the “public and other homebuilders from unscrupulous members of the building profession” as the agency's literature advertised, there would be no need to pursue legislation to protect homebuyers.

Regrettably, the commission never was permitted to be the national model for homebuilder dispute resolution some envisioned. Instead, it was highly politicized with a board stacked with homebuilders. The agency was so flawed it did more harm than good to homebuyers and was dissolved in 2009.

Legislation proposed by Democratic Reps. Joe Farias of San Antonio and Lon Burnam of Fort Worth would offer relief for homebuyers, but it does not protect all consumers.

As introduced, their bill would provide protection only for military veterans who buy defective homes. They would be entitled to have their homes replaced or offered a refund of the purchase price and closing costs if problems covered under a home warranty are not satisfactorily remedied after three attempts to fix the problems.

Burnam also has a bill to do away with the binding arbitration clause in house sale contracts. Rep. Eddie Rodriguez, D-Austin, filed bills that would require homebuilders to disclose defects when reselling a home and would provide buyers with construction documents.

Lack of state support on construction-related issues has prompted at least one local community to try to resolve the problem itself. In Cibolo, homebuyers want to amend their city charter to address cracked foundations and structural problems they have experienced with new homes. Among the proposals is one requiring builders to post surety bonds on every new home. Cities should not be forced to resort to such drastic measures.

These problems are not unique to any region, and state lawmakers need to address them. Sidestepping the issues is unacceptable.

Read more: http://www.mysanantonio.com/opinion/editorials/article/Home-buyers-need-relief-from-the-state-4413208.php#ixzz2PtThus1y

READ AND POST YOUR COMMENTS:

Updated 4:57 pm, Friday, April 5, 2013
ag81_saen Ag81

April 7, 2013

Are you kidding me? Now it's a governmental issue as to whether a product I buy is of sufficient quality?!? That's MY job. When I buy a home, and I've bought a bunch over the years, I not only have a home inspector look at it, I have a qualified structural engineer come look at it to tell me if it is a well built home, whether the HVAC is a sufficient capacity (almost ALWAYS under tonned), and what kind of structural issues there might be. That's not the government's job.

I don't feel overly sorry for people who buy poor quality homes. If you're going to spend THAT much money for something, you better know what you're buying. That's the BUYER'S job.

How about we start embracing personal responsibility, rather than government intervention!!

anymouse_saen 
Anymouse 10:15 AM on April 8, 2013

This comment is hidden because you have chosen to ignore Anymouse. Show DetailsHide Details

This is a interesting editorial in so many facets...

First, how pathetic to believe "government" or the functionaries are here to protect us. Legislation? Pshaw! These guy/gals will be steamrolled by big money contributions.

If you believe any different, re-read the second paragraph of this article.

Secondly, pause for a moment and think about what is taking place in its present form; to purchase a new home, in closing documents one is presented with a mandatory binding arbitration clause in which the buyer agrees NEVER to seek redress in a court of law.

These homebuyers have signed their life away and are so desperate they are asking for city governments to come to their rescue because of their prior agreement with the homebuilder.

Read the 4th Amendment to the United States Constitution, "In suits at Common Law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

You are making one, if not the largest financial commitment of your life and you voluntarily AGREE to waive your constitutional right/s?

For those statists who delude themselves into believing they can get their legislator to clean up this mess, think about a much cleaner and quicker method available to you NOW, no fuss, no mess, no empty promises...

Go and look at new homes and indicate you WILL NOT relinquish your constitutional right/s to do business...you wouldn't do it at a car dealership, a doctor's office, etc. Why now?

By allowing those new homes to sit vacant till they accede your demands the homebuilders will cave to MARKET FORCES immediately or at least much more rapid if you wait for the Leg to do something that will be written by big money with all in their favor.

Where do you think this Texas Residential Construction Commission came from in the first place?

   
janetahmad_saen janetahmad11:24 AM on April 8, 2013
Ag81:
You got to be kidding me. These are new houses and you are saying it is ok for builders the cheat homeowners. You must be a builder or a government official.
Let me get this straight, so you think its not a crime to cheat someone out of their money; it's the victims fault?

janetahmad_saen janetahmad11:52 AM on April 8, 2013
Anymouse:
Are you blaming the victims too? Remember the homebuilding industry is unregulated in Texas. The simple solution is HB 1887; a Home Lemon Law. Homebuyers should be entitled to the same protection they get when buying a new car. If HB 3736 passes an already existing standardize new home construction contract would replace abusive, take-or-leave-it builder contracts that must be used in all new home sales transactions.

 



 
< Prev   Next >

 Texas, First Home Lemon Law Debated in the Nation
Homebuyers Need a Home Lemon Law

Search HOBB.org

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

 Feature
Rise and Fall of Predatory Lending and Housing

NY Times: Building Flawed American Dreams 
Read CATO Institute: 
HUD Scandals

Listen to NPR:
Reckless Endangerman
by
Gretchen Morgenson : How 'Reckless' Greed Contributed
to Financial Crisis - Fannie Mae

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Consumer Affairs Builder Complaints

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

Build it right the first time
An interview with Janet Ahmad

 Give Me Back My Rights Campaign
Model State Arbitration Legislation
Fair Homebuyer Contract Model

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

Homebuilding Texas Style
And the walls came
tumblin' down

Discovery Home Channel
Holmes on Homes

Pulte Homeowner Survey
Warranty & Mortgage Experience
 Click to participate

Warranty?  What 25-Year-Warranty?
Warranty Scams that fool the public 25 years, 50, 100 or even a “Lifetime Warranty,” what’s the difference?

PROFITABLE DEFECTIVE PRODUCTS
 
Read More...

top of page

© 2019 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.