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Lots of recent press against TRCC...way to go for Carol Strayhorn! Hopefully this will help clean up the issues of bad building in Houston.

Construction agency doesn't help consumers

Comptroller says commission a roadblock instead of a resource.

By Jason Embry

AMERICAN-STATESMAN STAFF

Tuesday, January 24, 2006

A state agency that is supposed to help homeowners and builders resolve disputes is a toothless, time-consuming barrier for consumers and should be shut down, Comptroller Carole Keeton Strayhorn said Monday.

In a report requested by a legislator, Strayhorn said the Texas Residential Construction Commission does not resolve conflicts between the two parties because it cannot force builders to make repairs.

Carole Keeton Strayhorn Says Texas Residential Construction Commission should be shut down.

"This agency imposes costly and bureaucratic roadblocks for homeowners left out in the cold by shabby construction and a commission dominated by builders," Strayhorn said.

The agency's commissioners were appointed by Gov. Rick Perry, whom Strayhorn, running as an independent, hopes to defeat in November's gubernatorial election.

Agency Executive Director Duane Waddill said newly created rules will allow the commission to revoke the registrations of recalcitrant builders.

"Her review is based on the old process," Waddill said, although he added that he looks forward to using the report to improve the agency.

The Legislature created the commission in 2003, in part at the request of builders hoping to reduce lawsuits.

A homeowner who finds defects after construction that are not fixed within 30 days can ask the commission to appoint an inspector to check the home. A homeowner requesting that review must pay a $250 fee, which is reimbursed if the inspector's report supports the homeowner's allegations.

The inspector then issues a report that cannot require repairs but can be used later in arbitration or lawsuits.

State Rep. Todd Smith, R-Euless, requested Strayhorn's report. House State Affairs Committee Chairman David Swinford, R-Dumas, has said Strayhorn was overstepping her bounds and asked Attorney General Greg Abbott in December whether Strayhorn had authority to make the report. Abbott has not ruled on the matter.

Strayhorn surveyed the 257 people who had used the resolution process through October and received 102 responses. She said 86 percent of respondents said builders failed to fix construction defects in their homes after going through the resolution process. She also said that 45 percent reported being unsatisfied or very unsatisfied with the way the commission handled the process and that 49 percent said they were satisfied or very satisfied.

Strayhorn also said:

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Lots of recent press against TRCC...way to go for Carol Strayhorn! Hopefully this will help clean up the issues of bad building in Houston.

Construction agency doesn't help consumers

Comptroller says commission a roadblock instead of a resource.

By Jason Embry

AMERICAN-STATESMAN STAFF

Tuesday, January 24, 2006

A state agency that is supposed to help homeowners and builders resolve disputes is a toothless, time-consuming barrier for consumers and should be shut down, Comptroller Carole Keeton Strayhorn said Monday.

In a report requested by a legislator, Strayhorn said the Texas Residential Construction Commission does not resolve conflicts between the two parties because it cannot force builders to make repairs.

Carole Keeton Strayhorn Says Texas Residential Construction Commission should be shut down.

"This agency imposes costly and bureaucratic roadblocks for homeowners left out in the cold by shabby construction and a commission dominated by builders," Strayhorn said.

The agency's commissioners were appointed by Gov. Rick Perry, whom Strayhorn, running as an independent, hopes to defeat in November's gubernatorial election.

Agency Executive Director Duane Waddill said newly created rules will allow the commission to revoke the registrations of recalcitrant builders.

"Her review is based on the old process," Waddill said, although he added that he looks forward to using the report to improve the agency.

The Legislature created the commission in 2003, in part at the request of builders hoping to reduce lawsuits.

A homeowner who finds defects after construction that are not fixed within 30 days can ask the commission to appoint an inspector to check the home. A homeowner requesting that review must pay a $250 fee, which is reimbursed if the inspector's report supports the homeowner's allegations.

The inspector then issues a report that cannot require repairs but can be used later in arbitration or lawsuits.

State Rep. Todd Smith, R-Euless, requested Strayhorn's report. House State Affairs Committee Chairman David Swinford, R-Dumas, has said Strayhorn was overstepping her bounds and asked Attorney General Greg Abbott in December whether Strayhorn had authority to make the report. Abbott has not ruled on the matter.

Strayhorn surveyed the 257 people who had used the resolution process through October and received 102 responses. She said 86 percent of respondents said builders failed to fix construction defects in their homes after going through the resolution process. She also said that 45 percent reported being unsatisfied or very unsatisfied with the way the commission handled the process and that 49 percent said they were satisfied or very satisfied.

Strayhorn also said:

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If you go to www.hobb.org there are numerous articles from around the state in reference to this investigation. They are all must reads and speak volumes for the lack of concern for consumers in this state.

Please read and become informed.Buyer Beware...

The investigation of the TRCC is extremely important, not only to those owning defective homes but to those considering purchasing new homes. Most Texans are unaware of the new laws and how adversely they will be effected. Most are not aware that... in their earnest money contracts, and purchase agreements they are giving up their seventh amendment rights. They have no right to sue the builder... Add in the TRCC and homeowners find themelves in an intolerable situation.

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