Benchmark Homes, Inc. v. Aleman

Wally Aleman and his wife Sondra Aleman sued Benchmark Homes, Inc. ("Benchmark"), and James E. Ladner, its president. The defendants moved to compel the plaintiffs to arbitrate their claims. The court denied the motion to compel arbitration. The defendants appeal from the order denying their motion. We reverse and remand.

In early 1997, Benchmark agreed to sell to the Alemans Lot 16 in the Pleasant View subdivision located in Loxley, and to construct a house on the lot for them. On February 7, 1997, the parties executed a "Residential Construction and Lot Purchase Agreement" ("the construction…