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Texas Consumer Laws
Texas's
Residential Construction Liability Act Otherwise known as
the "Builder Protection Act" which started with good intentions in 1989.
The RCLA pronounced (reck la or wreck ya) allows a builder more time to
address a single defect in a home than it took to build the entire home
in the first place. It is a great wearing down tool for the builder. RCLA
does not allow for triple damages as the Deceptive Trade Practice. RCLA
caps liability to what was paid for the house.
Reference: Washington
Builder Law Nothing New in Texas by John R. Cobarruvias Editorial
in Realty Times Real Estate News and Advice
Texas
Deceptive Trade Practice. The builders were successful in relieving
themselves from the DTPA which was very strong and could access triple
damages to those found to be practicing deceptive trade. The builders are
now under RCLA. See above. There are times when consumers can file under
the DTPA. Consult an attorney for details.
Implied
Warranty of Habitability and Good Workmanship. Granted to new homebuyers
in 1968. Centex Homes challenged this in 1999 with the Texas Supreme Court.
The Court ruled in August 2001 in favor of the consumer.
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