Basura v. U.S. Home Corp.

Opinion

KLEIN, P. J.

Defendant and appellant U.S. Home Corporation (Home) appeals an order denying its petition to compel arbitration of an action brought by plaintiffs and respondents Edward D. Basura, Jr. et al. (collectively plaintiffs or buyers). 1 - 2

The issues presented are (1) the effect of Home’s failure to initial the arbitration clause in the sales agreements as to certain buyers; (2) as to those arbitration agreements which were bilaterally executed, the enforceability of said agreements in view of section 1298.7, which permits a purchaser to sue for construction defects despite…