Oklahoma Home Buyer Protection

PETITION TO IMPROVE CONSUMER PROTECTION AND EDUCATION REGARDING HOME PURCHASES IN OKLAHOMA
Sponsored by:
Oklahomans for Quality in Residential Construction (OQRC)
With the support of:
Homeowners Against Deficient Dwellings (HADD) http://www.hadd.com



A house is the most expensive and important purchase of most people's lives, and if it goes badly due to negligent or deceptive practices on the part of housing related industries, is one of the quickest ways to bankrupt a family. Many times builder errors are shortcuts that put a few hundred dollars of the buyer's money in the builder's pocket, but cost the buyer many thousands in repairs and legal costs.

The citizens of Oklahoma and the group known as Oklahomans for Quality in Residential Construction (OQRC), with the support of the not for profit organization known as Homeowners Against Deficient Dwellings, demand that home buyers in Oklahoma be allowed reasonable consumer protection on homes. Currently in Oklahoma, whether due to lack of laws or unenforcement of laws, home buyers have very little recourse if they are defrauded by a home builder or unreasonably denied a claim on a home warranty policy. That is why we have come up with 10 basic demands that we feel we are due.

1. We demand accountability from the home building and home warranty industry.

2. We demand contractors be licensed and bonded. An agency with the legal authority to revoke the privilege of doing business in Oklahoma, and with punishment that is not a slap on the wrist, is needed. Bonding must be in place to ensure builders cannot leave a home buyer with no home and no money.

3. We demand clear, honest legal counsel from our states attorneys regarding home owners legal recourse against a home builder, home warranty company, or other housing related industry.

4. Home owners must be able to recover legal fees, experts fees, (such as structural engineering reports, etc), and other reasonable costs associated with pursuing a home builder and/or home warranty company. Offers of rescission (buy back a defective house) must also include all costs necessary to restore the home owner to the financial position they were in before purchase.

5. The right to use any of the dispute resolution methods normally available, including the courts. NO mandatory arbitration clauses.

6. An uncensored, researchable database of complaints on contractors, home warranty companies, and other housing related industries. Consumers need to be able to make an informed decision.

7. We demand that title companies see proof that builders have actually paid or gotten lien waivers from all subcontractors and suppliers, etc, before closing a home sale.

8. We demand that city or government inspectors enforce building codes on the builder.

9. We demand that all materials that are supposed to be installed are, and that they are installed correctly.

10. We demand that builders or other housing industries not be allowed to misuse the courts by filing frivolous suits or countersuits against home buyers who are suing them, or complaining about them, for the purpose of intimidation or to get the home owner to drop their suit or complaint.

Currently in Oklahoma, consumer complaints are kept confidential by our Attorney Generals consumer protection division, and by most Better Business Bureaus. The court records, which only reflect a tiny percentage of complaints, do not return accurate search results at all times. Many home owners have been given misleading information about their legal recourse by Oklahomas attorneys. Many home owners may not speak openly about problems with their new home; they know how limited their recourse is and fear hurting their property value. Proposed builder certification by the states home builders associations is still the fox guarding the hen house, and will provide NO legal authority to shut down bad builders, and has no promise of an uncensored complaint database for consumers to research before buying.

Do not rely on others to stand up for your rights. Please join all consumers by adding your signature to this petition to show legislators that Oklahoma Consumers are tired of being taken advantage of by the Home Building Industry. We have visited with many people in the industry and among our states politicians who admit this has been a long time coming and support this endeavor along with the consumers. Lets not let the well funded, and well connected, home building industrys lobbyists keep killing efforts to get a licensing bill heard and voted on. We need your support to show legislators that this is needed.