01 January 2007
Bridget Butler
Home Owner
7907 Donshire Dr
Converse , TX 78109

Senator
Texas State Capitol  

Re:  How The Texas Residential Construction Commission (“TRCC”) Failed Me.

Dear Senator:

I am a homeowner in the North Hampton subdivision. I purchased this home unaware of KB Home’s notorious reputation regarding this subdivision.  I relied on the judgment of my realtor and the inspectors.

However, a year after purchasing this home I noticed cracks showing up starting all over the upstairs that continued to worsen.  I contacted an engineer who stated that he saw evidence of cosmetic repairs that had already made on my home.

I then paid a $550.00 fee for what I thought was a membership in the Texas Residential Construction Commission (TRCC) under the assumption they would help resolve these issues.  TRCC promotes that they are an agency that resolves disputes between homeowners and builders; however their obvious biased inspector blamed me for the shifting of my homes foundation as the cause of all the homes defects. The fact that the engineer for TRCC ruled against me is unconscionable. 

I believe TRCC is a scam that charges innocent taxpayers a fee to join, with the assumption they will help settle their disputes.  The only thing they have done for me is receive my membership fee.  Shortly after the TRCC’s engineers decision I learned that my house as well a many other homes in the North Hampton subdivision have documented defects that KB went to great lengths to avoid warranty responsibility.

I am in the service and in 2002 was reassigned to San Antonio and had no way of knowing the reputation of the notorious reputation of KB Home and North Hampton . The TRCC engineer however who inspected my home is from San Antonio and knew or as a professional should have known of the systemic problems of springs and continual water problems that plague the entire North Hampton subdivision.  Additionally, I have recently learned of the existence of a well penalized Phase One Environmental Site Assessment of the North Hampton subdivision dated July, 2000, conducted by the City of San Antonio, Public Works Department of Engineering, which confirms foundation failures caused by water seepage.

That Assessment recommended that “A Phase II subsurface investigation should be performed to determine the presence of, and the composition, of the suspect landfills.  This study should also include a geotechnical investigation and evaluation of foundation design for the geotechnical constraints,” which was publicly promised by KB Home but was never performed.  It is unconscionable that any engineer operating in San Antonio would not do any historical review of existing background information contained in very basic public records, prior to an inspection for possible foundation failures.  I personally consider it his responsibility and the duty for such an important decision, or negligence on his part for not doing so.

I am a soldier in the United States Army that I signed up to fight for my country and believed that TRCC would fight this small war for me.  In June of 2003 I purchased what I thought would be my dream retirement home, that has become a nightmare and now understand that there is no state agency that will hold builders responsible for their negligence.

I would appreciate any assistance your office could give me in resolving this matter.

Very truly yours,

Bridget Butler