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  1. #1
    Eric Shuman's Avatar
    Eric Shuman Guest

    Default TRCC to be dissolved?

    Heard on the radio news yesterday that the Sunset Advisory Commission has recommended that the Texas Resisdential Construction Commission be dissolved.

    Maybe people are finally catching on that it was formed to protect the builder and not the consumer instead of the other way around.

    I 'll belive that when I see it, as it would have to be done by the state legislature who are obviously in the pockets of the builders.

    Does anyone else have any other details on this?

    Eric

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  2. #2
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: TRCC to be dissolved?

    Quote Originally Posted by Eric Shuman View Post
    Heard on the radio news yesterday that the Sunset Advisory Commission has recommended that the Texas Resisdential Construction Commission be dissolved.

    Maybe people are finally catching on that it was formed to protect the builder and not the consumer instead of the other way around.

    I 'll believe that when I see it, as it would have to be done by the state legislature who are obviously in the pockets of the builders.

    Does anyone else have any other details on this?

    Eric
    Its just talk. They just went thru all this and now we happy home inspectors can (if we wanted to) can do the inspections. (

    As far as protecting the builder and not the client. I don't understand that. At least now inspections are needed unlike before, build it and pray.

    I just went thru all this in the phase inspection course I took for my hours.


  3. #3
    Bob Spermo's Avatar
    Bob Spermo Guest

    Default Re: TRCC to be dissolved?

    I believe, and many may disagree, that the TRCC should have more power not be disolved. I am also a builder. I believe builders should be bonded and licensed. To be a builder in Texas requires some money and a signed statement that says you have never been convicted of any moral turpitudes! I do phase inspections for builders that have warranty companies that require almost what the new TRCC rules require. These guys build a quality home. The shoddy builders who do not use inspectors now and who warranty the house themselves will have trouble with the new requirements. I also do TRCC dispute inspections. The problem here is in many cases there are problems that the builder is responsible for but won't fix so they end up in court. The TRCC has very little power to force the builder to comply with the third party inspector and/or the arbitrator. I wish that TRCC and TREC would require different and more qualifications for phase inspectors. We are going to have low bidder and possible marginally qualified inspectors doing phase inspections.


  4. #4
    Eric Shuman's Avatar
    Eric Shuman Guest

    Default Re: TRCC to be dissolved?

    I absolutely believe that there needs to be some standards in place to protect the new built home buyers and it does appear that the new TRCC rules are a little better. I also agree that there are plenty of reputable builders out there and I am not throwing them all under the bus.

    It still doen't change the fact that the Texas Residential Construction Commission was created in 2003 at the behest of construction industry lobbyists to try to prevent the builders from being sued. That does not sound like consumer protection to me.

    I too, perform many phase inspections, new home inspections and one year warranty inspections and I find plenty of real problems that even some of the most reputable builders refuse to correct, stating that they are "cosmetic" in nature or some other excuse (like: "The city passed it")

    I recently called out a flashing issue that the builder (well known company) assured the homeowner was not a problem and that I was being too picky over.
    The next rain storm that came through saturated about a 20 feet section of ceiling and wall and everything had to be torn out an remediated. Guess where the water came from.

    This is really a drop in the bucket of what I see regularly. I have received quite a few calls from new home owners saying the builders won't fix an item on the inspection report and I have to end up sending a code quote or other documentation before anything gets done, sometimes even when it is a no brainer.

    The whole TRCC process appears to be a bureaucratic boondoggle and it really seems that it only prolongs legal process instead of aiding it. There needs to be a real system in place that is not set-up by the builders in the interest of the builders, saying that it is in the interest of the consumer, otherwise I say let the homewoners sue the builders without the states approval process.

    I am sure that many may feel that the TRCC is a great boon to the consumer but as the lady in the following article says, there ought to be a process in place that makes the builder do it right from the get go, fix their mistakes, or else.

    Abolish Texas home dispute agency, state group urges | Houston & Texas News | Chron.com - Houston Chronicle

    All that that being said, times are a little slow this month, I might just sign up for the new county inspection program offered by the TRCC.

    Eric


  5. #5
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: TRCC to be dissolved?

    "I am sure that many may feel that the TRCC is a great boon to the consumer but as the lady in the following article says, there ought to be a process in place that makes the builder do it right from the get go, fix their mistakes, or else."

    Other than the building getting a failed from the inspector on any home anywhere and possibly not getting a CO (if a municipal inspector is involved) the only way a home buyer can get there home fixed by a builder if he does not want to is by legal action. The big difference in the unincorporated areas is all a builder needs is a pass put into TRCC by an inspector. He can call 5 inspectors until he gets a pass if it really comes down to it.

    And your idea of a qualified home inspector definition is exactly what?

    Just curious


  6. #6
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Re: TRCC to be dissolved?

    Here is the Sunset Commissions report on the TRCC.

    Attached Files Attached Files

  7. #7
    Richard Stanley's Avatar
    Richard Stanley Guest

    Default Re: TRCC to be dissolved?

    The ultimate enforcement entity is the consumer. Requiring inspections and refusing to consumate a sale unless and until reparations are completed will result in proper construction.


  8. #8
    Eric Shuman's Avatar
    Eric Shuman Guest

    Default Re: TRCC to be dissolved?

    Thanks Nolan


  9. #9
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    Default Re: TRCC to be dissolved?

    "I just went thru all this in the phase inspection course I took for my hours."

    I went to that class as well. How did you like it? I take it by your post you probably wont be beating down the builders doors. I don't blame you; I would just as soon wait and see how all of this levels out.


  10. #10
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: TRCC to be dissolved?

    Quote Originally Posted by Jesse Bryant View Post
    "I just went thru all this in the phase inspection course I took for my hours."

    I went to that class as well. How did you like it? I take it by your post you probably wont be beating down the builders doors. I don't blame you; I would just as soon wait and see how all of this levels out.
    Actually the course was great. The only part I don't like about those courses is when they are going over things and you kind of cock your head a little and say, oh yeah. Its funny how you get into a zone with inspecting. Its not that your doing a bad job , its just that when you are inspecting and do not come across a particular item on any kind of regular basis it seems to get thrown out with all the other dead brain cells and then when it is brought up, that is where the, oh yeah comes in.

    Honestly, I am quite comfy with out heading into unincorporated areas and chasing down inspections for builders that are going to more than likely be looking for the cheapest way out and the friendliest inspector.

    Hey, when we only get paid for our time and no mark up on goods left behind it is kinda tough to drive all over hell and back, and gas, for a few extra dollars doing inspections for builders.

    Now phase inspections I do all the time. I practically never do pre pour inspections because the only time you get called for them is as soon as the hole is ready for concrete and all the goodies are in. The builders want that concrete in the hole as fast as they can get it there. The call comes "can you be there at 7:30 am tomorrow. Or can you make it out this evening. It is ready for the concrete and we are pouring first thing in the morning.

    Honestly I did not pay a lot of attention about the TRCC thing in the schedule for the class. When Brian started talking about it I was wondering where he was going with it until I glanced back down at the schedule

    The class was fast paced and good thing it was. I have a short attention span when it comes to drawn out dragged on courses. The kept it quick and only by the end of the day did I nod a little.


  11. #11
    RobertSmith's Avatar
    RobertSmith Guest

    Default Re: TRCC to be dissolved?

    Keep in mind folks, TRCC does NOT have the authority to make the Builder perform the repair. I would hope that would change in the next legistlature session.

    TRCC is a ground breaking agency because it is the only agency dealing with dispute resolution soooooo the fundamental issues that the Sunset commission is really raising:

    1) Should TRCC stay the same
    2) Should TRCC just be a licensing , enforcement agency
    3) Should TRCC be dissolved?

    The sunset commission wants an answer to 1&2. The politicians would look might stupid if they dissolved it and besides, the Builder's lobby group pushed for it and they will win.


  12. #12
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: TRCC to be dissolved?

    Quote Originally Posted by RobertSmith View Post
    Keep in mind folks, TRCC does NOT have the authority to make the Builder perform the repair. I would hope that would change in the next legistlature session.

    TRCC is a ground breaking agency because it is the only agency dealing with dispute resolution soooooo the fundamental issues that the Sunset commission is really raising:

    1) Should TRCC stay the same
    2) Should TRCC just be a licensing , enforcement agency
    3) Should TRCC be dissolved?

    The sunset commission wants an answer to 1&2. The politicians would look might stupid if they dissolved it and besides, the Builder's lobby group pushed for it and they will win.
    In reality you are kind of wrong.

    It can kind of makes them fix the concerns, or, and I say or, they go find them a home inspector who is registered to give them a pass. If a building is red tagged and the builder proceeds then the local city can step in as the builder would be breaking the law.

    I know, a bunch of crap, but hey, that's why I won't be running out to get involved.


  13. #13
    RobertSmith's Avatar
    RobertSmith Guest

    Default Re: TRCC to be dissolved?

    Quote Originally Posted by Ted Menelly View Post
    In reality you are kind of wrong.

    If a building is red tagged and the builder proceeds then the local city can step in as the builder would be breaking the law.

    .
    Again, TRCC has zippo authority to make a builder fix anything.....


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