Pre-Sale Arbitration Clause Binds Fla. Owners Suing Over Mold Damage

WEST PALM BEACH, Fla. -An arbitration clause in a purchase agreement was meant to survive closing and applies to homeowners' negligent design and construction claims against the builder, a Florida appellate court concluded on April 14. Engle Homes Inc. v. Jones, No. 4D03-2038 (Fla. App. Ct., 4th Dist.).

Harold M Jones III and Laura S. Jones sued Engle Homes and TZ Window Installation in November 2002, complaining that the new home they purchased form Engle was infested with mold because of moisture coming in through windows installed by TZ Window. They alleged negligence, breach of implied warrant, professional negligence, breach …