Home Construction Disputes in Texas - Navigating the Maze
Your home may be the largest investment that you will make in your lifetime. When the value of your home is negatively affected by defective construction, whether part of a landscaping or remodeling project, or during new home construction, the residential construction attorneys at CKPT can help to protect your investment.
Due to the numerous overlapping laws, statutes, rules, and regulations, resolving a home construction or residential contract dispute in Texas can be difficult and time consuming without an attorney on your side. In fact, failing to follow the requirements of some statutes may result in a complete dismissal of your claim. The home defect and residential construction attorneys at CKPT assist clients with navigating this maze to obtain the maximum recovery on their defective home construction claims.
Some of the laws and regulations that may apply to a home construction, home remodeling, landscaping, or home system defect claim in Texas are listed and explained below.
Texas Residential Construction Liability Act (RCLA)
Texas adopted the RCLA in 1999, which applies only to certain residential construction disputes arising on or after September 1, 1999. If the RCLA governs a construction dispute, statutory notice requirements, contractor inspection rights, and settlement procedures may be applicable. For instance, a homeowner may be required to provide statutory notice to the contractor or builder not less than sixty days prior to filing a claim in most cases. In addition, if a contractor or builder requests to inspect a home or property, the RCLA generally requires that the homeowner provide the builder or contractor a reasonable opportunity to inspect the property. Lastly, the RCLA sets forth procedures that can be invoked by a contractor or builder under which the contractor or builder can either make a settlement offer or offer to repair the claimed defects.
Texas Residential Construction Commission Act (TRCCA)
In 2003, Texas enacted the TRCCA, which created the Texas Residential Construction Commission (TRCC). The TRCC regulates Texas' residential construction industry and is tasked with, among other duties, establishing minimum warranty and building standards for residential construction. Among other important aspects, the TRCCA and TRCC established the following
- Builder and new home construction project registration requirements. Under the TRCCA, all persons or entities meeting the statute's definition of a builder must be registered and hold a certificate of registration issued by the TRCCA. Further, the TRCCA generally requires that all new homes or improvements to existing homes be registered with the TRCCA.
- Minimum building standards and statutory warranties. The TRCC has also adopted minimum statutory warranties that apply to new home construction and home remodeling projects.
- 1 year warranty for general workmanship and materials
- 2 year warranty for "mechanical delivery systems," such as plumbing, electrical, heating, and air-conditioning systems
- 10 year warranty for major structural components and for the statutory warranty of habitability
- Administrative state-sponsored inspection and dispute resolution process (SIRP). The TRCCA and TRCC also created the Administrative state-sponsored inspection and dispute resolution process, which is a mandatory process that applies to most claims for defects or construction problems arising after construction is complete.
Warranties
Depending on when a new home construction, remodeling, or landscaping project began, additional statutory and common-law warranties may apply to the construction
- Manufacturer warranties
- Express warranties
- Contractual warranties
- Implied warranties
Texas Real Estate Commission and the Texas Real Estate License Act
The Texas Real Estate License Act ("RELA") is the primary Texas statute governing real estate brokers, real estate agents, and real estate inspectors in Texas. The Texas Real Estate Commission ("TREC") is the state agency charged with administering the requirements of RELA, including the licensing of real estate brokers and salespersons. RELA also sets forth standards of conduct and liability for licensees, which may be applicable to a dispute involving new home construction or the purchase of a new residence.
In addition, the Texas Real Estate Commission also regulates real estate inspectors in Texas. Generally speaking, under the Texas Occupations Code any person in Texas who represents to the public that he or she is trained and qualified to conduct a real estate inspection and is actually employed to conduct a real estate inspection for a buyer or seller of real property must be licensed by the TREC. Among other powers and duties related to real estate inspectors, the TREC and the Texas Real Estate Inspector Committee of the TREC are tasked with the following
-
Enacting rules, regulations, and standards of practice governing inspectors;
-
Licensing of Apprentice, Real Estate, and Professional Inspectors;
-
Ensuring that licensed inspectors maintain adequate liability insurance;
-
Approving residential property inspection reporting standards; and
-
Maintaining a real estate inspection recovery fund.
Building Codes and Permit Requirements
In addition to the many statutes, rules, and regulations that may apply to a new home construction, remodeling, or landscaping defect claim, various city and municipal building codes and permit requirements may also be involved. While cities and municipalities typically enact their own building codes and permit requirements, many of these local codes are similar to or adopt portions of various international and national codes and standards
-
International Residential Code® (IRC)
-
International Fire Code® (IFC)
-
Uniform Fire CodeTM (UFC) and NFPA 1TM
-
International Building Code® (IBC)
-
National Electrical Code® (NEC) and NFPA 70®
-
International Plumbing Code® (IPC)
-
International Fuel Gas Code (IFGC)
-
American National Standard Institute (ANSI)
-
American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
-
National Fire Protection Association® (NFPA®) codes and standards
-
International Code Council (ICC) codes and standards
Texas Property Code Disclosure Requirements
The Texas Property Code sets forth disclosure requirements that sellers and owners must meet when selling certain real property in the State of Texas. The seller's or owner's disclosures may be an integral part of any home sale dispute.
Texas Appraiser Licensing and Certification Act
In 1991, the Texas legislature enacted the Texas Appraiser Licensing and Certification Act ("ACLA"), which created the Texas Appraiser Licensing and Certification Board (TALB) to regulate real estate appraisers in Texas. Under the ACLA and rules adopted by the TALB, persons offering their services in Texas as real estate appraisers must be certified or licensed, meet minimum continuing education requirements, and adhere to the Uniform Standards of Professional Appraisal Practice ("USPAP") as promulgated by the Appraisal Standards Board of The Appraisal Foundation. Whether an appraiser adhered to and met these standards may be an important part of any construction defect dispute.
Texas Fair Housing Act
The Texas Fair Housing Act prohibits discriminatory housing in the State of Texas and may apply to a new home construction or real estate transaction.
Federal Real Estate Settlement Procedures Act ("RESPA")
The Federal Real Estate Settlement Procedures Act, also known as "RESPA," governs real-estate transactions involving federally-related mortgages. Whether a mortgage broker, escrow agent, or lender followed the requirements of RESPA could affect a homeowner's residential dispute.
This is just a sample of the numerous statutes, rules, regulations, and standards that may apply to a new home construction dispute or landscaping or remodeling defect claim in Texas. Because many of these statutes and laws contain specific deadlines, procedural requirements, and damage limitations that can trip up the unwary homeowner, contact a CKPT residential construction attorney before you attempt to resolve any residential construction dispute on your own.
International Residential Code®, International Fire Code®, International Building Code®, International Plumbing Code®, and International Fuel Gas Code® are registered U.S. trademarks of International Code Council, Inc.
National Electrical Code®, NFPA 70®, National Fire Protection Association®, NFPA®, and NFPA 70® are registered U.S. trademarks of National Fire Protection Association, Inc.
NFPA 1 Fire Prevention CodeTM and Uniform Fire CodeTM are common law marks of National Fire Protection Association, Inc.
Websites Sponsored by CKPT |
|
