Legal Question in Real Estate Law in Texas

I had to sue my builder for not performing warranty work on my house for more than 10 months after damage was reported. To prove that it was covered by the warranty, I filed for a State Sponsored Inspection through the Texas Residential Construction Commission. The third party inspector found the builder liable and the TRCC appellate committe upheld his findings and overruled the builder's appeal. I was awarded almost $9k by small claims court which he is now appeallling. I had the TRCC findings and a mountain of evidence and he had none. He just claimed the damage was caused by a storm even though three inspectors said it was improper construction. Does this seem like a good candidate for a summary judgement? Is a motion for a summary judgement something that I can file or do I need to have an attorney file it?


Asked on 5/03/10, 7:33 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

No. Your issues are fact-based. A summary judgment is a judgment awarded as a matter of law, and not applicable in your case. Summary judgments are not simple and are not often awarded even when represented by a lawyer. Don't be penny-wise and pound foolish, get good help. Appeals practice is extremely specialized. BTW - the state dissolved the TRCC last year, but your evidence will still stand.

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Answered on 5/08/10, 9:09 am


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