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Old 06-18-2008, 04:55 PM
 
3 posts, read 5,303 times
Reputation: 11

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Can someone give me an honest builder that doesn't require you to sign away your rights by signing a binding arbitration agreement as part of the sale? Looking in Pearland 350-425 range. Also, any suggestions on communities already built in 2000-2003 in Pearland? Help
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Old 06-18-2008, 06:30 PM
 
410 posts, read 1,582,075 times
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Almost every single builder has mandatory binding arbirtation in their contracts. ...and there is a reason for that. It was brought on when tort reform came into being.
A bill was filed in D.C. last July by Feingold and Johnson trying to make arbitration a choice, not mandated (by the builder no less) Red flag for anything that is mandated in a consumer contract. Our own People's lawyer Richard Alderman testified at the congressional hearings in regards to the horrors of MBA as did a friend of mine. She was caught in a nightmare thanks to her builder.
I would suggest you go to Homeowners For Better Building and Homeowners Against Deficient Dwellings and read as much as you can, not just on MBA but the builder stories.
MBA is in almost every contract from your cell phone to your credit card, utilities and new cars.
Why not contact your congressman/woman and ask to see if they signed on for the bill in regards to MBA. Mine did not but I certainly notified his office about that issue.
Good Luck!
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Old 09-25-2008, 08:01 PM
 
Location: Houston
2 posts, read 3,469 times
Reputation: 10
Default Yep. It's true.

I'm an extremely honest independent builder. I've built a couple of spec homes and am currently working on a custom home in Deer Park.
And arbitration is in my contract too.

Make sure the builder is registered and in good standing with the TRCC (Texas Residential Construction Commission)

Check a home they have previously built. Ask the home owner for feedback/reference.

If possible, check a home they are currently building.

Are you looking for a builder that gives you a square foot price or does cost-plus??


Good luck.
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Old 09-26-2008, 12:52 AM
 
Location: Conroe, TX
684 posts, read 1,997,531 times
Reputation: 198
arbitration is an inclusion in pretty much every contract, personal or business,these days, home builders, auto loans, credit cards, contractors, doctors, dentists...it is a means for folks to try to resolve conflicts, instead of resorting to the "Stella" approach of suing everyone in their path for real or perceived shortcomings (Stella was of course, the poster child for suing (McDonalds) for her own dopey mistake (putting her lava hot coffee between her legs...probably a little too close to her hoo-haa, resulting in scalding of said hoo-haa) this is now why YOUR cup of joe has a disclaimer "could be hot".
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Old 09-26-2008, 04:27 PM
 
410 posts, read 1,582,075 times
Reputation: 101
I am getting off target here but just to say MBA was put into contracts to protect big business. The arbitration company is picked by the company not consumer and in almost all consumer cases big business wins.
Go to Peoples lawyer website if you want real comprehensive information on MBA.
As far as TRCC well we were just in Austin 3 days ago testifying in reagards to that agency. The Sunset Commission which oversees all commissions in the state concluded that TRCC should be abolished. It helps little to no one in disputes and is an enormous waste of taxpayers $.
Just read on Homeowners for Better Building and Homeowners Against Deficient Dwellings to get some insight and help.
To pp980165: My comments are in no way directed to you. The info I gave is just general information. There are some great builders here but people should be aware.
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