Lemon Law for Builders?

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" Lemon Law " for Builders?

By: G. Laake and Ponder, Staff Writers January 16, 2002

Katy homeowners say they've been burned by builders, support a new law to

protect buyers

Katy residents forced to move from their homes because of alleged faulty

construction are turning to a homeowners rights group seeking to pass a

" lemon law " for homebuilders.

Homeowners such as Amy Weaver and Carol Jewel, Katy residents whose families

have moved from their newly-purchased homes into apartments, have taken

their cases to HomeOwners for Better Building, a San -based

organization created to hold builders accountable for faulty homes.

" It's a simple solution when you get a lemon of a car, " said Janet Ahmad,

national president of the group. " It should be a simple solution when you

get a lemon of a house. "

The proposed new law, which didn't make it out of committee last session,

will be re-introduced during the next legislative session by San

state senator VandePutte, Ahmad said. The re-worked version, she

said, would require a builder to buy back any home that contains toxic mold.

For six months, Katy resident Carol Jewel, who purchased a home on Maymist

Drive, has been living in an apartment. A foundation problem at her new home

was reported to her building within 30 days of move-in, she alleges, but the

resulting repairs brought about mold infestation.

" Basically, I'm asking the builder to buy the house back, " said Jewel, who

said she, her husband, five children and pets had become ill with the same

symptoms until relocating to an apartment. " We have more protection on

buying our cars than we do our homes. "

The Weaver family moved from their home in Canyon Gate in October because of

mold. The builder, Royce Homes, maintains that there is nothing wrong with

the home that cannot be fixed by its warranty service department.

Cobarruvias, president of the Houston Chapter of HomeOwners for Better

Building, said toxic mold contamination of a home " devastates a family. "

" Those without insurance protection will look at foreclosure as a viable

option, " he said. " ... New home warranties rarely cover foundation damage,

and water leakage is covered only for the first two years.

Consequential damage such as foundation damage from a water leak is

specifically excluded. Without insurance coverage, the homeowner will be

left with high cost repairs on top of a high mortgage payment and high

insurance rates. Again, profits have overshadowed consumer protection. "

For more information about this organization, visit www.hobb.org.

©Katy Sun 2002