Elliott v. KB Home North Carolina, Inc.

McGEE, Judge.

KB Home Raleigh-Durham, Inc. (“Defendant”) is a general contractor in the business of building homes. Defendant has contracted with many people over the years to build homes, including Mark Elliott, Tor Gabrielson, Michelle Gabrielson, Michihiro Kashima, and Yoko Kashima (“Plaintiffs”). According to Defendant, each homeowner who purchased a home directly from Defendant “entered into two separate written contracts with [Defendant]: a New Home Purchase Agreement . . . and a New Home Limited Warranty Agreement^]” Defendant alleged that both of these agreements included enforceable…