Haynes v. Fincher

Johnson, Chief Judge.

The central issue in this case is whether an arbitration provision contained in a builder’s warranty is enforceable. We find that the provision is enforceable and therefore affirm the trial court’s grant of summary judgment to the builder.

In March 1995, William and Annie Haynes contracted to buy a house to be built by Donald Fincher. Among other things, the contract provided that a builder’s warranty from the Residential Warranty Corporation would be delivered to the Hayneses at the closing of the sale of the house. Fincher built the house, and the closing was held in…