Saturday, October 20, 2007

Getting SLAPP-ed around by Trendmaker Homes

A homeowner in Sugarland has taken her complaint about her builder Trendmaker Home to their door step. Her home had tile that came up off the floor after the first 3 years. I have heard from other homeowners of the same type of problem.

And there is an underlining problem. Homes in Texas, by law only, have a 1 year warranty. So a home with cracked tile throughout a 3 year old home is not protected by the $7Million/year Texas Residential Construction Commission. From the Houston Chronicle:

RISMEDIA, Jan. 27 ? (KRT) ? First it cracked. Then it buckled. Finally the kitchen tile in Debbie and Rick Gannaway’s Katy home popped off the floor.

But their builder, Houston-based Trendmaker Homes, won’t fix it because their one-year warranty on workmanship and materials has expired.

So what is a homeowner suppose to do? Protest. Then fight off a SLAPP suit designed only to intimidate. The suit filed by Trendmaker against the owner was dropped a day before the court date.

To be fair, the homebuilder has agreed to pay for the tile replacement ($15,000), as long as the homeowner agrees to a list of unreasonable demands such as never filing suit against Trendmaker for any defect known or unknown in the house. This is unreasonable because she still has 7 years left on the warranty. And it does not cover any attorney costs for the SLAPP suit.

Look for a Film at 11. It is being worked on.



9 comments:

TXsharon said...

I did a SLAPP blog this week too.

NM said...

Txsharon, how do I get to your SLAPP blog?

bob said...

Try this.

NM said...

It is astonishing that Trendmaker will not settle this claim. They would rather lie to customers about why there is an angry customer with exploding tile parked in front of their model home, than to simply fix the problem.

Where the TRCC has failed, shaming your builder should succeed. Demand accountability from your builders so that others, less able to protest, do not have to suffer.

Can first-time home buyers afford to rebuild their homes for resale just three years after they're built. No, clearly Texas' foreclosure problem is not restricted to subprime issues? Irresponsible builders are also to blame.

Anonymous said...

A must read is Bonfire of the Builders and Housing that sinking feeling. Both are from Business Week Magazine. The podcasts are incredible.

Matt Bramanti said...

It is astonishing that Trendmaker will not settle this claim.

They've offered a settlement.

Anonymous said...

It is an unreasonable settlement also. She is out $10,000 for her SLAPP suit.

This is just another ploy by the builder so some idiot would say "They offered a settlement".

Matt Bramanti said...

It is an unreasonable settlement also.

The builder has offered to settle for $15,000. The Gannaways' house is 2,900 square feet.

Even assuming the entire house has tile floors, that's $5.17 per square foot. The Gannaways' can get some very nice flooring for that price, and still have enough money left over to buy reading glasses for the next time they're presented with a contract.

Anonymous said...

Ohhh, I have a HUGE problem with Elegant Development & Investment they put a lien on my property, and gave nothing in return...
HOW CAN WE STOP THIS TO HAPPEN... I am willing to fight, screen, anything to get this man out of business.

Can someone help, how to do it?

Thank you.