Posted by River City on January 16, 2006 at 07:29:40:
I am not good on Texas law, however, you might try bankersonline.com. This is a banking compliance forum. At the bottom of the main page, they have a listing of states. Andy Zovinia used to work in Texas and he is very knowledgeable about Texas law. Post your question in the Texas forum and hopefully he will chime in and answer your question. He might even point you to the exact code that will answer this question. You do not have to register in this forum as you can ask questions under “Anonymous.”
My husband and I are purchasing our first home from a builder located in Texas. We’re just wondering whether it is legal for them to include a waiver of habitability as well as a waiver of warranties “implied or expressed, by operation of law”. In Texas, I know the Title 16 of the Texas Residential Construction Commissions Act states that waiver by contract is prohibited for “limited statutory warranties and building and performance standards adopted under this chapter or the warranty of habitability”.
We would appreciate any assistance on this matter. Thanks.