On Wednesday, November 29, the Texas Supreme Court will hear arguments in a case that could seriously lower the quality standards for new homebuilders in the state of Texas.   In Centex Homes v. Buecher,  the Texas Supreme Court will consider whether home builders in Texas will be required to guarantee, through long standing implied warranties, that the new homes they build and sell to Texas families are suitable for human habitation. 

Consumer protection organizations and homeowners rights groups are monitoring this case because of the seriousness of its impact on Texas families and Texas homeowners rights.  This case also serves as an early test for how moneyed special interests will fare at the Supreme Court this session.

"For years homebuilders in Texas have been held to a simple standard - provide new homes to Texans that are well-built and suitable for human habitation."  said Dan Lambe, Executive Director of Texas Watch.  "Now Centex Homes is suggesting that such a bar is too high a standard and they are running to the Texas Supreme Court for relief." 

"Buying a home is often the largest and most important purchase a family ever chooses to make."  said Kathi Fragnoli, co-founder of HOME, a homeowners rights group based out of Arlington, Texas.  "Now one of the largest home builders in the nation and our state, Centex Homes, is seeking an exemption from one of the most basic and reasonable warranty standards imaginable."

"You have to question the motives of a company that builds homes, but refuses to guarantee that they are at the very least suitable for human
habitation."  continued Fragnoli.    "If Centex Homes is allowed to waive these most basic standards of quality in their warrantees, the losers will be unsuspecting and often unknowing Texas home buyers."  said Janet Ahmad, President of Homeowners for Better Builders, a national homeowners assistance and advocacy organization.  "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 buyer of a brand spanking new home." 

"This case pits wealthy special interests against the interests of Texas families."  said Cris Feldman of Texans for Public Justice.  "Centex Homes lawyers have invested a tremendous amount of money in this Texas Supreme Court.  Baker and Botts and Bracewell & Patterson have given the justices over $350,000 in recent years.  Bracewell contributed $5,000 each to Justice Gonzales and Hecht in the pas two months alone, while Baker & Botts subsidizes Supreme Court clerk salaries."   -30-