Defective Industry: What can the consumer do?

From: http://www.newhomebuildersnewsblog.com/2006/01/letter_to_rep_t.html

Letter to Rep. Todd Smith from Carole Keeton Strayhorn Texas Comptroller of Public Accounts


Austin, TX. - "In August 2005, you requested my assistance in researching the Texas Residential Construction Commission (TRCC) and its impact on Texas homeowners and the Texas economy…In a homeowner survey conducted by my office, I found that 86 percent of homeowners who responded said their builder failed to fix construction defects in their homes. And that was after going through the mandated State Sponsored Inspection and Dispute Resolution process that verified the defects…The majority of homeowners who responded to my survey are disappointed and angry that the costly and bureaucratic TRCC process does nothing to ensure their construction defects are fixed. Thus, their only recourse is binding arbitration, as required by most builder contracts, or go to court, precisely the outcome the act was created to prevent. It appears that the act and TRCC rules simply create additional roadblocks for homeowners seeking relief…After reviewing TRCC and its enabling statute, it is clear that the agency functions as a builder protection agency.

It is doubtful TRCC will significantly impact the Texas economy. But the economic impact on the homeowner with a defective home can be devastating. To balance the needs of both the homeowner and the homebuilder, TRCC should at least have statutory authority to make builders fix defects confirmed through its process. At the very least, the agency should not shift builder fees to the homeowner, should not allow public members of the commission to have ties to the construction industry and should enforce builder registration laws…In fiscal 2005, the agency spent $3.7 million on its operations. That same year, the agency collected $6.6 million from builders and homeowners. As a result, the agency transferred $2.9 million to the general fund, effectively helping balance the general state budget on the backs of homeowners. In the next two years, the agency is estimated to raise about $9.7 million a year from its fees and spend only $4.2 million a year, meaning that the agency will be putting more money in the general budget than it does into doing its job. For these reasons, if it were up to me personally, I would blast this TRCC builder-protection agency off the bureaucratic books."… (Entire report follows this letter and can be found at the link above.)

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Comment: I wonder how many of these builder are approved by our developer here in Sienna Plantation?