Austin v. Tricord Homes, Inc.

BY JUDGE WILLIAM H. LEDBETTER, JR.

The question presented is whether this action for defective construction should be stayed because of an arbitration clause in a new home warranty provided by the builder to the purchaser.

Background

No evidence has been taken in this case. Therefore, the parties are before die court on the pleadings; so the facts relied on for this opinion are those set out in the motion for judgment, elaborated upon in arguments of counsel on April 9,2001.

Austin and Tricord entered into a written “new home sales agreement” on October 11,1998, for the construction of a house on…