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Texas House Considers Bill That Would Prohibit New Home Contracts from Including a Binding Arbitration Clause

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by Beth Graham

Tuesday, Mar 26, 2013


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Texas lawmakers are currently considering a bill that would not allow a binding arbitration clause to be included in contracts between Texas homebuilders and new home buyers. HB 3736, “Relating to the sale of newly constructed homes and requiring the Texas Real Estate Commission to adopt contract forms to be used in the sale of a newly constructed home,” was filed by Representative Lon Burnum of Fort Worth. The proposed law would reportedly remove a binding arbitration clause from a currently approved Texas Real Estate Commission contract form. The bill was referred to the House Business and Industry Committee on March 21st.

According to one report, Bexar County Commissioners recently voted to back the initiative and the City of San Antonio is currently reviewing the proposed measure. Scott Norman, Executive Director of the Texas Association of Builders, has stated the organization plans to strongly oppose the measure. Other groups, such as the Greater San Antonio Builders Association, will reportedly work to discourage cities and other localities from supporting the legislation.

What do you think about the proposal?

Stay tuned to Disputing for more information about this and other bills that relate to arbitration in Texas.

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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