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Bob | Real Estate Question please help? |
1. If the Plano municipal court rules that a local builder did not properly follow the Plano Building Code, this decision would establish a precedent for similar disputes arising in Frisco.
True or False
Please expain
Thanks
Bob |
 |
 
blcohen529
 |
Bob,
The answer of false. Every municipal jurisdiction has the right to develope its own Building Codes subject only to standards set by the State of the jurisdiction. Further, the right to interpret municipal Building Codes is within the local rights of each municipal jurisdiction to such extent that State laws are not violated nor Federal rights and responsibilities are violated.
Good Luck |
|
mcmufin
|
Generally, "False." If Plano and Frisco are in the same jurisdiction and have identical building codes (rare), then there is precedent. Otherwise, there is not. If there are different building codes, all you have is an argument (albeit a good one) that the local builder routinely breaks local code. |
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hestershorter
 |
The only way it would affect the building code standards in San Francisco, is that if Plano is in the County of San Francisco. I presume that the Frisco you speak of is San
Francisco. If this is not the case, please let me know exactly where Plano is.in order to answer your question properly. |
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bernel1403
|
False... based on given information.
A builder can be found to have not follow building codes without setting precedent. Ex. he could have violated codes already in existence so he created no new precedence.
Or if there is more info it could be true. He could have created precedence if the city found the building to be not up to code but their is no real code yet. Ex. the first person who ever got violated for no railings. This law was not on the books yet but they found it to be unacceptable and created a precedence for future instances. |
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Alterfemego
|
Bob False it only applies to that cities building codes. |
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HIGH SHAMAN
|
YES; it would set a precedent subject to a Building Inspector's Report in Frisco .... |
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ibu guru
 |
Building codes are usually state; zoning regulations are usually local.
A local decision only serves as a precedent in another locale if there are essential similarities. And only a court decides that. A lawyer might bring up another local ruling in an argument for, say, another suit about the same company, same construction techniques, similar regs between the two towns? And it might or might not fly with the judge. |
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Charles B
|
That is an absolute good question...This will be an issue if in fact this was a defective home to begin with. Yet, if you are concerned with the home not passing inspection then to be honest, defective homes commonly pass inspections...So how do defective houses not built in accordance with local building codes pass inspection.
There are several reasons, and they vary from place to place, indeed from house to house. Proceeding from the most being to the criminal, reasons defective houses pass inspection include the following:
The defects are hidden so that no typical house inspector could expect to find them on a routine inspection. The defects only become apparent over time, after the homeowners have moved in.
The inspector is overworked. Because of a large number of new houses, and an inadequate number of inspectors, each inspector only has time to check basic systems, e.g., electrical, heating, and plumbing. The inspector does the best job he can in a limited amount of time.
The inspector is not competent for the task. He has no special knowledge about house construction and doesn't know what to look for, so he misses obvious defects. |
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