Schumacher Homes of Circleville v. John and Carolyn Spencer

Chief Justice Ketchum:

This case is again before the Court upon a remand from the United States Supreme Court. The case began as an appeal of an order from the Circuit Court of Mason County, and involves an arbitration agreement between a home builder and a home buyer. The circuit court refused to enforce the arbitration agreement after finding it was unconscionable. In a prior opinion, we affirmed the circuit court’s order.

As set forth below, we now reverse the circuit court’s order. Before the circuit court and this Court, the builder argued that language in the arbitration agreement…