Overview
Tri Pointe Homes operates in Texas through communities in the Houston and Dallas-Fort Worth metropolitan areas. Texas operations include the legacy Trendmaker Homes brand, which was acquired as part of the 2014 WRECO transaction and consolidated under the Tri Pointe name in 2021. Trendmaker Homes was involved in multiple Texas court proceedings regarding motions to compel arbitration.
Texas law provides a specific legal framework for new home purchases through the Residential Construction Liability Act (RCLA) and the Deceptive Trade Practices Act (DTPA). Texas does not have a statutory implied warranty of habitability for new construction, which means Tri Pointe's contractual warranty terms carry greater significance for Texas buyers.
How Texas Law Affects Your Contract
The following analysis examines how Tri Pointe Homes's documented contract patterns interact with Texas consumer protection law.
Texas Residential Construction Liability Act (RCLA)
The RCLA (Tex. Prop. Code §§ 27.001–27.007) requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit. Tri Pointe must be given the opportunity to inspect and offer a repair. Failure to comply with the RCLA notice requirement can limit recoverable damages.
No Statutory Implied Warranty of Habitability
Texas does not impose a statutory implied warranty of habitability on new home builders. Tri Pointe's 2-10 Home Buyers Warranty is the primary warranty protection for Texas buyers. The one-year workmanship coverage window is particularly significant in Texas, where no implied warranty fills gaps in express warranty exclusions.
Arbitration Provisions — Trendmaker Precedent
Trendmaker Homes (now Tri Pointe Homes Texas, Inc.) sought to compel arbitration in multiple Texas court proceedings, including mandamus proceedings in the Ninth District (Beaumont, 2004) and the First District (Houston, 2021). Mandatory arbitration clauses are generally enforceable in Texas under both the Federal Arbitration Act and the Texas General Arbitration Act.
Texas Deceptive Trade Practices Act (DTPA)
The DTPA (Tex. Bus. & Com. Code §§ 17.41–17.63) provides buyers with remedies for misleading representations, including the potential for treble damages in cases of knowing or intentional conduct. If Tri Pointe or Tri Pointe Connect made misleading representations, the DTPA may apply.
Texas Legal History
Selected cases and investigations involving Tri Pointe Homes in Texas.
Trendmaker Development Company (d/b/a Trendmaker Homes) filed a mandamus proceeding in the Texas Ninth Court of Appeals seeking to compel arbitration of homeowner claims, arguing plaintiffs' claims must be arbitrated because Trendmaker was the developer and third-party beneficiary of the arbitration agreement.
Trendmaker Homes (now Tri Pointe Homes Texas, Inc.) was involved in proceedings from the 400th District Court of Fort Bend County involving motions to compel arbitration in homeowner disputes.
A personal injury lawsuit filed in Harris County District Court against Tri Pointe Homes Texas Inc. (formerly Trendmaker Homes). A minor settlement was approved and final judgment signed on August 11, 2022.
Relevant Texas Laws
Provides buyers with additional remedies for misleading representations made during the home sales process, including the potential for treble damages in cases of knowing or intentional conduct.
Requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit against a builder.
Governs express warranty obligations for residential construction. Texas does not impose a statutory implied warranty of habitability on new home builders.
Texas Key Facts
- 1Texas does not have a statutory implied warranty of habitability for new construction.
- 2Mandatory arbitration clauses are generally enforceable under both the Federal Arbitration Act and the Texas General Arbitration Act.
- 3Texas has no statutory cooling-off period for new construction purchase agreements.
- 4The Texas Residential Construction Commission was abolished in 2009.
- 5The RCLA requires 60-day written notice to the builder before filing a construction defect lawsuit.
- 6The DTPA allows consumers to seek damages for false, misleading, or deceptive acts in the sale of goods and services, including new homes.
What Texas Buyers Should Know
- Comply with the RCLA's 60-day notice requirement. Texas law requires 60 days' written notice to Tri Pointe before filing a construction defect lawsuit. Document all defects with photographs and written descriptions, and send notice via certified mail.
- Understand that Texas has no implied warranty of habitability. Texas does not provide a statutory implied warranty of habitability for new construction. The 2-10 Home Buyers Warranty is the primary protection, making it essential to understand its coverage windows and exclusions.
- Review arbitration clauses given Trendmaker's enforcement history. Trendmaker Homes (now Tri Pointe Homes Texas) has sought to compel arbitration in multiple Texas court proceedings. Consult a real estate attorney before signing to understand what dispute resolution rights you may be waiving.
- Compare Tri Pointe Connect with independent lenders. Tri Pointe Connect discloses compensation of approximately 2.75% to 2.85% of the loan amount. Compare rates, fees, and loan terms with at least two independent lenders before committing.