Lemon Law For Homes
You scrimped and saved for years to buy a new home, only to have your euphoria cut short when you find serious construction flaws and learn that your homebuilder isn't about to pay up. The Texas Residential Construction Commission was supposed to provide homeowners recourse against shoddy homebuilders. Mostly, though, the commission has been a disappointment.
Lemon Law For Homes
Tuesday, March 27, 2007
You scrimped and saved for years to buy a new home, only to have your euphoria cut short when you find serious construction flaws and learn that your homebuilder isn't about to pay up. The Texas Residential Construction Commission was supposed to provide homeowners recourse against shoddy homebuilders. Mostly, though, the commission has been a disappointment.
Homeowners must go through the commission's complaint process before they can pursue arbitration or litigation. And here's the kicker: The commission has no authority to compel homebuilders to fix faulty houses.
A Dallas Morning News report last fall uncovered this rather large flaw: Even though the commission had ruled in favor of a number of homeowners, reporters found that many were still hassling with builders to make things right.
State Rep. Senfronia Thompson, D-Houston, offers a good fix. She's introduced HB 2721, which amounts to a lemon law for new homes. The bill would force builders, under certain circumstances, to buy back a home if they fail to make repairs recommended by the commission. In addition, if the builder decided to put the house back on the market, it would be required to disclose that the home was "bought back" and why.
This seems reasonable, although we're sure that some builders would disagree. Ms. Thompson's measure would put some muscle behind the commission and leave ample room for homeowners and homebuilders to pursue other legal actions if they wish. It sends the strong message that shoddy construction will not be tolerated.
A house is usually a person's largest purchase, the fulfillment of lots of hard work, sacrifice and struggle. It's only proper that the sweat and toil that went into a resident acquiring the home not be for naught.
See This Editorial At: http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-homeownersrights_27edi.ART.State.Edition1.4413528.html
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