Houston Tx (PRWEB) December 19, 2003
According to the Houston Chronicle articles written by Rick Casey "Builder to drop Shut UP Clause", KB Home will remove their restriction to homebuyers 1st Amendment rights to protest the builder in their new subdivisions.
In "Buy a Home and Shut Up!" KB Home was exposed as having developed Declarations of Covenants for a subdivison in Houston that restricts unhappy homeowners from airing their grievances via signs, protesting, or via the internet or email. Today, KB Home has agreed to remove this restriction.
According to John R. Cobarruvias, President Homeowners Against Deficient Dwellings, Texas, "This is just another way that KB Home could intimidate homeowners who have complaints about defects in their new home. It is amazing that they attempted to squash their rights to freedom of speech, but then again, nothing seems to be below KB Homes."
According to the clause in the deed restrictions, homeowners could not protest, post signs, or disparage a builder, including KB, in the subdivision. Also they restrict communications via the email, internet or media.
"The internet has been a leveling tool for the homeowner. It is a way to show the facts about defects in new homes such as http://www.kbhomesucks.com. It is one of the few things homebuilders have little if any control over." continues Mr. Cobarruvias.
This is not the first time homebuilders have limited the Constitutional rights of consumers. In their contracts with homebuyers, KB Home, as well as many homebuilders, requires consumers to waive their 7th Amendment rights to a civil trial. This practice has recently come under fire as being grossly unfair, extremely costly, and time consuming.