|
COPYRIGHT 2006 Fort Worth Star-Telegram
Byline: Andrea Jares
Jun. 19--After the Schwomeyers and their neighbors the Davidsons started noticing cracks slicing through the brickwork, floor and drywall of their new homes in North Richland Hills, they asked for help from a state agency designed to handle conflicts between homeowners and home builders. The Davidsons, whose kitchen has flooded three times, were pleased with the thoroughness of the inspection from the Texas Residential Construction Commission, which cited wall strength and foundation issues as the source of the cracks. But Jason Schwomeyer was not happy when his inspector said his house's cracks -- one in the bedroom is several feet long -- are cosmetic. "It was a complete joke," said Schwomeyer, who noticed the cracks in the bedroom and broken tile in the hall of his $279,000 home months after moving in. "He said having cracks is part of living in Texas." But in the end, neither family was happy with the TRCC. Neither the Schwomeyers nor the Davidsons had any choice but to take their complaints to the TRCC, whose creation was touted as a way to reduce lawsuits and clamp down on construction defects. The law creating the commission requires home buyers to use the agency's complaint process before they can sue their builders; the home buyers also have to pay at least $350 for the inspections, although they can get their money back if the inspector confirms their complaints. Consumer groups say the agency limits home builders' liability while creating the impression that they are regulated. They especially don't like the fact that the TRCC cannot require builders to make changes, even when its inspectors find significant problems. Interviews with 25 Tarrant County homeowners who have dealt with the TRCC found only three who were satisfied with the experience. Agency officials and builders groups such as the Texas Association of Builders say the agency has made important concessions to consumers, such as warranties, which weren't explicit before. They say that it's still too early to judge an agency that is less than three years old. "Prior to 2003 and this bill taking effect, I could have built you a house, and I was not required by law to give you any written warranty," said Scott Norman, the Texas Association of Builders' vice president of government affairs and general counsel. Now, he said, every builder must guarantee workmanship for a...
Read the full article for free courtesy of your local library.
|
Bookmark this article
Print this article
Link to this article
Email this article
Digg It!
Add to del.icio.us
RSS
