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 âpublic and other homebuilders from unscrupulous members of the building professionâ 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
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Updated 4:57 pm, Friday, April 5, 2013
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...
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