Texas New Home Warranties.

[johncoby]

Two years after the creation of the Texas Residential Construction Commission (TRCC), a Commission to regulate homebuilders in Texas, the Commission has released warranty standards for all new home construction in Texas. This standard, which comes into effect June 1, 2005, was created on a flawed foundation of promises of consumer protection and heavy influence by the homebuilding industry. For new homebuyers, there are only two words of encouragement available: Good Luck.

The first version of the warranty standard created by Texas A&M University was nearly identical to the numerous 10-year warranties provided by the homebuilding industry in the past, and it contained just as many flaws, exceptions, excuses, and extremely limited protection. The final set of standards isn't much better.

By law, the standards cover 1 year for workmanship, 2 years for air and electrical, and 10 years for structural damage. Common sense defects such, as hardwood floors buckling after 1 year is not covered. Neither is ceramic tile cracking and lifting off the floor. Leaking roofs, paint fading or cracking, siding coming apart, carpets buckling, driveway cracking and literally coming apart, bricks cracking, mortar prematurely deteriorating all are examples of what is not covered once the 1-year warranty expires.

Even within the 1-year limitation defects such as cracks in the walls wide enough to insert a credit card is within the warranty standards, as well as hundreds of cracks in the wall, cracks in the exterior bricks, and cracks in exterior stucco.

Prior to the creation of the TRCC, homeowners were protected by the "implied warranty of good workmanship" granted in 1968 which covered defects based simply on the common sense of a home inspector, or a jury. This common sense warranty has now been waived, replaced with the explicit litmus test warranty standards now with a rock solid 1-year limitation on workmanship.

The homebuilding industry, claiming to be acting on behalf of the consumer, convinced the Texas House and Senate that the implied warranty was "vague" and created confusion between builders and owners on what defects should be covered. This resulted in the waiving of the implied warranty, a great loss to the consumer and a huge boom for the homebuilders.

The standards also expressly limit air conditioning, heating, and electrical problems to only 2 years. Defects such as an air conditioner failing on a hot summer day after 2 years is not covered. A new air conditioner installed in an existing home usually is warranted for up to 10 years, but on a new home it is now limited to 2 years.

Structural damage is warranted for 10 years, although the loopholes and exceptions in the standard will make it difficult to qualify. The homeowner is also required, by the warranty, to maintain the water content of the ground around the foundation, in short, homeowners are required to "water" their foundation in order to preserve their foundation warranty. This is unreasonable especially since the TRCC cannot determine how to achieve this water content. This is just one of many exclusions and unnecessary requirements that are throughout the standard.

With the release of this extremely limited warranty standard and waiving of the implied warranty of common sense, the TRCC, appropriately pronounced, "trick", an agency created by the homebuilding industry for the homebuilding industry, has played its final trick on the homebuyers of Texas.

Mr. Cobarruvias is President of Homeowners Against Deficient Dwellings, Texas and a long time consumer activist in new home construction, insurance and tort reform. He has testified in many hearings during the legislation session with an emphasis on the Texas Residential Construction Commission.

[LTAWACS]

The more I read about this, the more I'm tempted to drive up to Austin and give them a piece of my mind.

[johncoby]

The more I read about this, the more I'm tempted to drive up to Austin and give them a piece of my mind.

                 

<{POST_SNAPBACK}>

Take me with you! Take a megaphone because they are not listening and really don't care.

Just wait. One day one of their family members will get screwed and they will wake up. In fact Carolyn Keeten Rylander Strayhorn Gonzales O'Brien Gutendorf Blake's daughter got screwed by Perry Homes. Lets see what happens then.

[LTAWACS]

I am going to make them pay dearly for this.

[TormentTowers]

At a public forum in Sugarland, I asked TRCC how they could help me (as a condo owner), noting my handful of letters from elected officials who sent me there.

Governor Perry, Senator Hutchison, and Attorney General Abbott all wrote me regarding my defective condo and referred me to TRCC for "protection".

Because condos are not included in TRCC, TRCC denied my question noting condo owners are excluded from TRCC's protection.

While it was embarassing and frustating to me to be denied an answer at a public hearing because I am a condo owner, more so knowing our elected officials sent me there. Do you think our elected officials really understand what is going on? Have they read the TRCC guidelines?

How can The People understand TRCC (and rely on TRCC) if our Attorney General, Governor, and Senator don't even understand WHO TRCC is to include?

[dbigtex56]

They see no incentive to understand or care.

Laws are passed based on the wishes of those who make the greatest campaign contributions. They have a saying in Austin: "You dance with them what brung you." In other words, don't expect consumer protection from a candidate who's supported by the Texas Homebuilders Association.

This is a valuable thing to keep in mind on Election Day.

[johncoby]

They see no incentive to understand or care.

Laws are passed based on the wishes of those who make the greatest campaign contributions. They have a saying in Austin: "You dance with them what brung you." In other words, don't expect consumer protection from a candidate who's supported by the Texas Homebuilders Association.

This is a valuable thing to keep in mind on Election Day.

<{POST_SNAPBACK}>

AMEN BROTHER! You have seen the light!

[LTAWACS]

We need to vote all these morons out of office and storm the TRCC offices. Take them hostage even!

[hydepark]

We need to vote all these morons out of office and storm the TRCC offices. Take them hostage even!

TRCC so far has proven to be a useless buracracy of the builder, for the builder, by the builder.

As represenative Garnet Coleman said," only in Texas can you buy your own state agency and regulate yourself."

[hydepark]

They see no incentive to understand or care.

Laws are passed based on the wishes of those who make the greatest campaign contributions. They have a saying in Austin: "You dance with them what brung you." In other words, don't expect consumer protection from a candidate who's supported by the Texas Homebuilders Association.

This is a valuable thing to keep in mind on Election Day.

Boy did you get that right! There is no one to protect the consumer and the harder we work the more big business and "paid for offices"make. It is so hard not to become apathic, the greed of these people is insatiable.

[hydepark]

Boy did you get that right! There is no one to protect the consumer and the harder we work the more big business and "paid for offices"make. It is so hard not to become apathic, the greed of these people is insatiable.

Rick Casey's artilce in todays' paper is a fine example of how our legislators look out for themselves and vote against help for others.