"If our customers have problems, we go out and fix those problems for them," 
--Centex Company Spokesman  topmenu.shtml  
*Texas Supreme Court*
Contact Us Last Updated 23/Dec/2002
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contactusl.htm
Sponsored by: Janet Ahmad
Homeowners for Better Building
P.O. Box 791438
San Antonio TX 78279
Phone:210-402-6800
Email: president@hobb.org
contactusl.htm
Produced for:
Don Smith
San Antonio Texas
email.dasmith@txdirect.net

Mr. Don Smith of San Antonio completes a 2 year  battle with Centex Homes resulting in his house being resided with Hardi-Plank.  After many letters, protest signs, and even an apprearance at the Texas Supreme Court, Mr Smith can now conclude this horrible ordeal. His experience will be used as an example of why potential Texas Homeowners need a sense of confidence in the builders with a Home Lemon Law.


CURRENT NEWS
Aug 3 2002 Two Centex Stories in San Antonio Texas:
KENS TV Outlook Canyon Creek residents upset at home builder (07/31/02) (video unavailable) photos coming soon.

KMOL TV Centex Homes They were supposed to be dream homes, but some people on the northwest side say they're houses are a nightmare. News 4's Joel Eisenbaum has the story.

July 24, 2001 Homeowners take action against developers over construction flaws By FRED LUDWIG, Californian staff writer  e-mail: fludwig@bakersfield.com. The Northshore suit names Centex, a national homebuilder. Company spokesman Neil Devroy said officials had not received a copy of the lawsuit and are not aware of open warranty issues with customers. The company in general works to resolve such complaints out of court, he said.  "If our customers have problems, we go out and fix those problems for them," Devroy said.

July 21 Profit Increases 56 Percent at Dallas-Based Construction Firm Centex Corp.
Source: The Dallas Morning News Jul. 19 2001Dallas-based Centex Corp. reported a 56 percent jump in profit on Wednesday as a result of big increases in home sales and financial services income.

NOTE: And yet even with this windfall, Centex has asked the Texas Supreme Court to relieve them of the implied warranty of good workmanship and habitability. See Centex Vs Buescher
June 27, 2001 Law Firm Estrada & Thomson Announces Class Action Lawsuit Against Centex Homes. The proposed class includes 207 homes located in the Serrano, Crescent Ridge and Treelake Village subdivisions located in El Dorado Hills and Granite Bay. For detaisl see the Estrada & Thomson website.

June 8, 2001 Texas Supreme Court Screws Homeowners Again and Upholds Binding Arbitration. This is just one in two punch knockout to the consumers. The next will be when they show their loyalty to the Texas Homebuilders and relieve them of the implied warranty of good workmanship and habitability. "The Biggest Investment of Your Life in Texas" now has the "Least Amount of Consumer Protection". Why would anyone buy a new house?

June 8, 2001 Court ruling upholds binding arbitration. Consumers can be barred from lawsuits  Associated Press AUSTIN -- Consumers who complain about defective products can be forced into binding arbitration and barred from suing the manufacturer, the Texas Supreme Court ruled on Thursday. 

"Arbitration provides consumers with an immediate and an inexpensive place to go," said Cami Boyd, a lawyer representing two Texas-based mobile-hine"

May 10, 2001 Posted to the Centex Page: No. 04-99-00337-CV Michael M. BUECHER, et al.,  Appellants v. CENTEX HOMES, a Nevada Partnership, and Centex Real Estate Corporation d/b/a Centex Homes, Appellees. "It would be incongruous if public policy required the creation of an implied warranty, yet allowed the warranty to be disclaimed and its protection eliminated merely by a pre-printed standard form disclaimer or an unintelligible merger clause."

Apr 2, 2001 Posted new pictures of the new siding on the home. After many years of fighting Centex, they finally did the right thing.

Feb 18, 2001 Posted a PDF Copy of the Amicus-Curiaesupplied to the Texas Supreme Court for Centex Homes v. Buecher in support of Centex. A review of this amicus is also available.

Feb 15, 2001 Posted a Review of the Amicus-Curiae supplied to the TexasSupreme Court for Centex Homes v. Buecher in support of Centex.

Feb 15, 2001 Posted a Review of the Residential Warranty Corporation 10 Year Warranty. This is the warranty provided by Centex in Texas. If you have any comments, or if you found I have not represented the facts correctly, please contact me at john.cobarruvias@hobb.org so I may correct it.

Feb 15, 2001 Recived a copy of the Brief of Amicus-Curiae supplied to the TexasSupreme Court for Centex Homes v. Buecher in support of Centex. . "The fees for preparation of this brief have been paid by NAHB." (National Assoc of Home Builders) (PDF version of the complete document coming soon.) Of particular interest:

Quote: "Between 1987 and 1998, Home Buyers Warranty Corporation, one of the laargest providers of ten-year insured warranty programs in Texas paid an average more than $0,000 per accepted structural claim to home owners in Texas"

How many claims were "accepted"? And what percentage of claims are denied? And, by the way, Centex Homes doesn't use the HBW. They use the RWC warranty which has over 38 exclusions including 

  • Loss or damage caused by soil movement
  • Consequential or incidental damages
  • Loss or damage resulting from, or made worse by the the presense of hazardous or toxic materials resulting in uninhabitability or health risk within the home.
Jan 23, 2000:  Posted in Centex Page: New photos of the ABTCO siding installed on a Centex home. These photos were taken during a site visit by HOBB.

Dec 12, 2000:  Posted in Centex in the News: (Posted at 4:10 p.m. EST Saturday, December 5, 1998 )Home built over source of lethal gas By AMES ALEXANDER  Staff Writer . Deborah West, a former Centex employee who now sells new houses for Century 21, is  suing Centex Homes and The Crosland Group over the problems. In her suit, West says the buried  material has also caused the house to settle, causing cracks throughout.

Dec 12, 2000:  Posted in Centex in the News: Conservationists Target Largest US Home
Builder  By Danielle Knight  WASHINGTON, Mar 30 (IPS) - Environmental activists in more than 30 cities across the United States, are planning to protest next week against Centex Homes, the nation's largest home builder, unless the construction company details a plan to stop using wood
products from ancient forests worldwide. 

Dec 12, 2000:  Posted in Centex in the News: One of America's largest housing developers will pay a black couple $71,000 to settle a complaint accusing the firm of refusing  to sell the couple a San Francisco Bay area home, Housing and Urban Development Secretary Andrew Cuomo announced today. 

 Cuomo said that Centex Homes, a division of Centex Real Estate Corporation, agreed in an enforcement agreement with HUD to settle a  housing discrimination complaint filed with HUD in 1997 by Oakland, CA residents Sylvia Myles and Bruce Soublet. Centex admits no  wrongdoing in the settlement. 

Dec 10, 2000:  Posted in Centex in the News: Home buyers await court ruling on general vs. express warranties  By DAVID KOENIG Associated Press. "Centex says it is doing buyers a favor by requiring them to sign the express warranty. It argues that the state's so-called implied warranty, with terms such as "habitability" and "workmanship," is so vague that it leads to disputes between buyers and builders. "

Dec 10, 2000:  Posted More pictures of the siding on the home with mold and 1/2 inch gaps.

Dec 9, 2000:  Posted : "Any "unresolved dispute" (defined below) that you may have with the Builder[Centex], RWC or WPIC, shall be submitted to binding arbitration...." Residential Warrant Corporation Limited Warranty Program

Dec 8, 2000:  Posted in Centex in the News: Owners, Builder Clash Over Waived Implied Warranty "If Centex wins this case, then the buyer of a toaster oven, a VCR or a microwave will have more legal rights to seek repairs than the  uyer of a brand spanking new home," says Janet Ahmad of San Antonio, president of Homeowners for Better Builders. 

Nov 26, 2000:  Posted background information and summaries of the Supreme Court of Texas November 29 Docket  Centex Homes and Centex Real Estate Corp. v. Buecher

Nov 26, 2000:  Posted Supreme Court and Centex Homes Press release.

Nov 22, 2000:  Posted Article IV  of the Spring Creek Forest Subdivision Declarations of Covenants. This legal document, filed with the State of Texas,  specifically restricts homeowners rights to freedom of speech by disallowing picketing, protesting, and displaying of signs in the yard or on a car within the subdivision. This document filed with the State of Texas, is signed by Damon Lyles, Division President, Centex Real Estate Corp,  As the saying goes....No Place but Texas!

Nov 19, 2000:  Posted pictures of homeowners advertising the quality of their home built by Centex. Picture 1, Picture 2, Picture 3.

Nov 19, 2000:  TEXAS HOMEBUILDERS NO LONGER GUARANTEE WELL-BUILT HOMES  Buecher et al, v. Centex Homes case summary provided by Dan Lambe of Texas Watch:  888-738-4226 danlambe@texaswatch.org. This case will be heard Nov 29,2000 in the TX Supreme Court. The outcome will affect ALL consumers.

Nov 3, 2000: Scheduled to be heard in the Texas Supreme Court Nov 29, 2000. 00-0479 CENTEX HOMES v. BUECHER Background story Nov 23, 1999: "Court gives win to home buyers". The San Antonio Express News. 

"Purchaser agrees to accept said homeowner's warranty at closing in lieu of all other  warranties, whatsoever, whether expressed or implied by law, and including but not limited to the implied warranties of good workmanlike construction and habitability. Purchaser acknowledges and agrees that seller is relying on this waiver and would not sell the property to purchaser  without this waiver." Translation: Although the state of Texas has long held that new homes have an implied warranty of workmanlike construction  and habitability, your warranty is only what is covered in a 24-page insurance...... "

Nov 2, 2000 City warms to study of stacked appliances By David Anthony Richelieu and Bill Pack Express-News Staff Writers "It's taken us three years to get someone's attention, so I would have to see City Council's decision as a positive step forward." -- Janet Ahmad, HomeOwners for Better Building.

Nov 2, 2000 City warms to study of stacked appliances By David Anthony Richelieu and Bill Pack Express-News Staff Writers "It's taken us three years to get someone's attention, so I would have to see City Council's decision as a positive step forward." -- Janet Ahmad, HomeOwners for Better Building.

Nov 2, 2000 San Antonio Express News agrees ith HOBB: Editorial: National Electric Code must be city's code, too. "The council should adopt the national standard. This is an area where its uniqueness makes San Antonio's leadership look dangerously complacent. " (See related story for background: AC placement fuels hot fight

Oct 26, 2000 Added to Builders in the NewsAC placement fuels hot fight  [San Antonio, TX] By David Anthony Richelieu Express-News Staff Writer. The City Council is expected to resolve a dispute today over whether the stacking of air conditioning units over electric hot water heaters should be allowed to continue in new homes and apartments. 

"....the city has a moral obligation to change a potentially dangerous practice, adding that it was only a matter of time before a water heater short circuit would trigger a larger fire and put people's lives at risk." Press Release HomeOwners for Better Building.

Oct 18, 2000Added to Builders in the NewsGroup questions electrical code By David Anthony Richelieu Express-News Staff Writer.
 
 
 
 
 
 


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The information on this site and all parts of the CENTEX HOMES. BUYER BEWARE! site is for information purposes only. By accessing this site you agree to immediately contact Don Smith to report any incorrect data or misrepresentations of facts. Links to other sites are for information purposes only and should not be considered endorsement of the site. Anyone at anytime can freely copy and distribute all parts of this website including pictures, documents, content, and format.