WHY COMPLY WITH TRCC REGULATIONS?

TRCC General Provisions establish substantial protection for the Texas Homebuilder. In real life terms it could allow for a tremendous reduction in after the sale warranty costs for any builder that thoroughly fulfills the directives. This law appears to explicitly state home buyer responsibility:

“A homeowner’s failure to substantially comply with a stated homeowner responsibility creates an exclusion to the warranty for the performance standard.”

The law goes on to say that the builder is not responsible for:

“The negligence, improper maintenance, misuse, abuse, failure to follow manufacturer's recommendations, failure to take reasonable action to mitigate damage, failure to take reasonable action to maintain the residence”

by anyone other than the builder. Further more the law states that:

	“The homeowner is responsible for maintenance of the home and the lot on which it is located”
	“The homeowner shall use and perform periodic maintenance on all manufactured products according to the manufacturer's instructions and specifications.”
	“The homeowner shall properly maintain each component of the home including proper cleaning, care and upkeep of the home”

These directives concerning and establishing homeowner responsibility repetitively refer to the manufactured product components of the home. This portion of the general provisions is followed by this directive to the Homebuilder

“The builder will assign to the homeowner, without recourse, the manufacturer’s warranty for all manufactured products that are covered by a manufacturer’s warranty.”

The dilemma?

It appears as if this delivery of manufactured product warranty details must be fulfilled in order for the homeowner to fulfill their stated responsibilities.

Clarifying maintenance responsibilities in a thoroughly and clearly conceived Homeowners Maintenance and Manufactured Product warranty document delivery is the most effective way of fulfilling this builder responsibility. Without a delivery of this sort it could be argued that the homeowner was never empowered with this information by the builder, and with out that delivery being made all responsibility for fault remains with the homebuilder.