Legal Opinion

Gergel v. High View Homes, LLC

Colorado Court of Appeals

Decided September 30, 1999No. 98CA0884PublishedCited by 10 opinions

1Opinion of the Court

Opinion by

Judge ROY.

Defendants, High View Homes, LLC (builder), and Linda A. Elliott (builder’s manager), appeal from the trial court’s denial of their motion to stay these proceedings brought by plaintiffs, James and Carol Ger-gel, and compel arbitration. We reverse and remand.

Plaintiffs contracted with builder for the construction and purchase of a residence. Builder’s manager acted as an agent of builder in the transaction.

The Contract to Purchase (contract) provided that at closing the parties would execute a Limited Warranty Agreement (warranty) that required arbitration of all disputes…

2Cases cited8 opinions

  1. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  2. City & County of Denver v. District Court Ex Rel. City & County of DenverSupreme Court of Colorado · 1997
  3. Jefferson County School District No. R-1 v. ShoreySupreme Court of Colorado · 1992
  4. Eychner v. Van VleetColorado Court of Appeals · 1993
  5. City of Delta v. ThompsonColorado Court of Appeals · 1975

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Mendez v. Palm Harbor Homes, Inc.Court of Appeals of Washington · 2002
  2. Rains v. Foundation Health Systems Life & HealthColorado Court of Appeals · 2001
  3. Platt v. Winnebago IndustriesCourt of Appeals for the Tenth Circuit · 2020
  4. EAGLE RIDGE CONDOMINIUM ASS'N. v. Metropolitan Builders, Inc.Colorado Court of Appeals · 2004
  5. Gergel v. High View Homes, L.L.C.Colorado Court of Appeals · 2002

5 more not listed; retrieve them via the Exa API.

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