Tillman Group, Inc. v. Keith

Judge Arnold Shulman.

The appellee homeowners filed suit in magistrate court seeking to recover damages for breach of warranty in the amount of $2,500, based on certain alleged defects in a house they had purchased from the appellant builder. At the closing, which took place on March 1, 1989, the appellees had received from the appellant a “Limited Warranty” against construction defects. This warranty agreement contained a provision specifying that “[a]ny controversy or claim arising out of or relation (sic) to this Limited Warranty, or an alleged breach hereof, shall be settled by binding…