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Homeowners Group Urges New Laws Targeting Unscrupulous Builders |
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New laws needed in Texas to protect homeowners against unscrupulous homebuilders and remodelers, a
Texas consumer group announced today |
AUSTIN--09/22/2008--Homeowners of Texas (HOT) urged lawmakers to pass laws requiring that
homebuilders and remodelers be licensed; that they be required to carry liability insurance; and that they be
subject to criminal penalties if found guilty of fraud. The group said newly built and remodeled homes also should
be subject to Texas’ “lemon law,” whereby they can be returned to the seller if repeated repair attempts
are unsuccessful.
“Texas has become a magnet for unscrupulous players in the homebuilding industry. This is because homeowners
have basically no protections here, unlike in many other states. The result is homeowners, even whole
neighborhoods, have suffered millions of dollars in damages with no recourse,” said Tom Archer, president of
Homeowners of Texas (HOT).
Sandee Bradshaw, of Hutto, said she is just one of thousands of homebuilder victims. She and her husband moved into
their new home in Hutto in October 2002, and the next day the living room wall developed popping noises, knocking
pictures onto the floor. Within days a plumbing leak developed, the fence began to sag, and master faucets had to
be replaced. By February 2003 there were four big holes in the back yard, the back door would not open, and there
were bubbles in the master bedroom ceiling. Subsequently additional plumbing leaks and sheetrock cracks were
discovered, and in October 2003 shingles on every side of the roof were coming off. In December 2004 a fire
destroyed the air conditioning unit and could easily have burned the house down if the Bradshaws had not been home.
The air conditioning unit today sits on top of collapsing soil, the Bradshaws have lost a computer and a 48-inch
television due to an electrical failure, and the home has a serious mold infestation, causing critical health
problems for her husband and granddaughter.
“I’ve been told our house should be torn down, that it’s unsafe and unhealthy. Our builder can’t be made to do
anything about it. My husband is disabled and I’m retired. What are we supposed to do?” she said.
Archer was at the State Capitol today to express his group’s support for a legislative staff recommendation that
the Texas Residential Construction Commission be dissolved. The TRCC, established by the Texas Legislature in 2003
to help resolve disputes between homebuilders and homeowners, instead has become a puppet of the homebuilding
industry and a roadblock to relief for wronged homeowners, Archer said.
Archer was joined in his support for abolishing the TRCC by legislative candidate Diana Maldonado, who is running
to represent the eastern part of Williamson County in Texas House District 52.
Two of the biggest complaints against the TRCC are that it requires one of its own inspectors to visit a home in
dispute, a process that can take five months or longer, and the fact that if builders are found guilty of poor or
unsafe work, the TRCC has no authority to compel them to correct the problems.
Consumers can find information about choosing a reliable home builder on the HOT website,
www.homeownersoftexas.org.
ABOUT: Homeowners of Texas, Inc. (H.O.T.) is a non-profit corporation, formed in May 2008 and to
make builders accountable to homeowners. This will be done by promoting the legislative and regulatory enactment of
residential construction reform, including new laws and regulations designed that ensure that new construction and
remodeling is properly engineered and built to protect homeowners from the devastating consequences of substandard
construction.
CONTACT: Tom Archer at (512) 502-5349 or via e-mail at
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