Should the new homeowners be bound by the arbitration agreement, or should they be able to sue the builder, Osborne, in court?
Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new home warranty program administered by Home Buyers Warranty (HBW). When the company enrolled a home with HBW, it paid a fee and filled out a form that stated the following: “By signing below, you acknowledge that you . . . consent to the terms of these documents including the binding arbitration provision contained therein.” HBW then issued warranty booklets to the new homeowners that stated: “Any and all claims, disputes and controversies by or between the Homeowner, the Builder, the Warranty Insurer and/or HBW . . . shall be submitted to arbitration.”
Question: Should the new homeowners be bound by the arbitration agreement, or should they be able to sue the builder, Osborne, in court?
