State Ex Rel. Vincent v. Schneider

Original Proceeding in Mandamus

WILLIAM RAY PRICE, JR., Judge.

I

Relators seek to direct the trial court (Respondent) to deny defendant’s motion to compel arbitration. Portions of the arbitration provision are unconscionable and unenforceable, but the case may proceed, consistent with this opinion, after the trial court selects an arbitrator.

II

Relators, plaintiffs below, were purchasers of single family homes from defendant, McBride & Son Homes, Inc. (McBride). Written contracts were executed for each home purchase. Each of McBride’s pre-printed contracts contained a provision that gives McBride…