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Home Ownership Made Easy
468 hits
| Feb 10, 2004 12:18 am |
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Texas investors Read Following: |
Eric Trevino
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"LAW AFFECTS HOMEBUILDER-HOMEBUYER CONFLICTS
COLLEGE STATION, Texas (recenter.tamu.edu) – A new state law took effect Sept. 1 that introduced sweeping changes for residential builders and the way aggrieved homeowners seek redress for construction defects.
Although the law is in effect, changes will not be immediately implemented. The nine-member Texas Residential Construction Commission charged with overseeing and implementing the law will not be appointed by the governor until Dec. 1. Beginning in March, all Texas builders must register with the commission. They must also register each new home, home repair and home improvement.
If a homeowner has a complaint about the construction of a new home, the following steps must be followed before filing a lawsuit or seeking arbitration.
Contact the builder to remedy the problem.
If not satisfied, contact the Residential Construction Commission, which assigns a third-party inspector to see if the work complies with adopted warranties.
If the inspector finds a defect, he or she makes a recommendation to correct it.
If either party is dissatisfied with the recommendations, the matter may be appealed to a panel of three state inspectors.
If the matter is still unresolved, the owner can take the builder to court or seek arbitration. If the matter goes to court, the presumption is that the prior recommendations by the third-party inspector or state inspectors were correct.
An in-depth explanation of the new law by Judon Fambrough will be in the October issue of Tierra Grande."
-Eric Trevino
Private Reply to Eric Trevino (new win) |
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