Court Compels Arbitration of Homebuyers' Common Law Claims

WEST PALM BEACH, Fla. - A Florida appellate court has affirmed an order compelling arbitration of a dispute between homebuyers and their builder, rejecting the buyers' assertion that their personal injury claims were outside the scope of the sales agreement's arbitration clause. Rodriguez v. Builders Firstsource-Florida LLC, et al., No. 4D09-1716 (Fla. Ct. App., 4th Dist.).

The Fourth District Court of Appeal ruled on Jan. 27 that Jose and Lorena Rodriguez must arbitrate all defect claims, including common law personal injury claims, because their contract's arbitration provision expressly requires it.

The Rodriguezes allege injuries from mold in a home built …