Posted On: May 25, 2005, 2:11 pm CDT

Posted By: Cindy S

Builder sponsored laws protect builders, despite the fact they're often promoted as consumer protection. The court records don't support the notion that everyone is suing their builder, either. For starters, the publicly traded builders especially, post high customer satisfaction rates in the high 90-percent range, and high profits, so where are all the people suing them? Are they considered among the "satisfied?"

These laws create more hoops for the homeowner to jump through, when homeowners are already notifying their builders. Homeowners may try for months or years to get the warranty honored. They may be prevented from suing by arbitration clauses. Suing may be unaffordable. Despite the myth that people can get big awards for silly claims, it's actually very hard and expensive to sue and win and collect. The case has to be valid. These laws make the assertion that all cases are frivolous and that's not true.

Home buyers pay a builder a lot of money for that builder's "professional" services, and they deserve to get a house that meets building codes, keeps the rain out, and does not start falling apart as soon as they close. To avoid lawsuits the builders need to learn to build a house right and do it, and then honor the warranty.

Too many new homes do not even meet code. Too many new homes have missing window flashing. Too many new homes have foundations that aren't to engineering recommendations for the local soil and climate. These are shortcuts and mistakes that cost a home buyer thousands, they are not a savings the builder passes on to the buyer.

The insurance industry problem is not the home buyers' fault. But they're the group getting stuck with the bill, and this new law only sticks it to home buyers more.