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Home measure not really help for homeowners
Comments 0 | Recommend 0We're not sure why anyone would want to make the current housing slump in Arizona any worse than it is, but that is likely to happen if Proposition 201 is approved.
The measure on the Nov. 4 ballot is called the "Homeowners Bill of Rights" by supporters, but it should actually be called the "Keep the Courts Busy Law" because it turns all disputes between homeowners and builders into lawsuits and court actions.
There are current laws in place to require various protections for buyers of homes, but this proposition would make some of these requirements draconian.
In addition to establishing 10 year warranties on home materials and workmanship, the measure prohibits "reasonable alternative dispute resolution," which are attempts to avoid expensive and time-consuming court litigation. Instead of going to an impartial party to get a judgment on what should be done, disputes will now end up in court, an undesirable outcome.
Also undesirable is a provision that allows home buyers who take their dispute to court to recoup their legal costs if they win, but prohibits the same protection to the home builder, as allowed in current law.
So if someone brings a frivolous case against a home builder out of spite or for some other reason, the builder has no ability to recover the unnecessary legal costs caused by the action. That is unfair. If one side can recover legal costs, then the other should be able to do so too.
Another troubling aspect of the proposal is where it is coming from. Although touted as being aimed at protecting homeowners, one need only read the "pro" arguments for Proposition 201 in the state's election information booklet, to see there are other motivations.
Proposition 201 apparently is a union-sponsored effort to hurt home builders and force them to use union labor when building homes and to encourage state legislation that favors unions.
If unions want more influence, then they should do it the right way by seeking it openly rather than hiding behind a "bill of rights" for homeowners.
Proposition 201 needs to be rejected by voters.
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