Anderson v. Taylor Morrison of Florida, Inc.

Anderson v. Taylor Morrison of Florida, Inc., 2D16-314, 2017 WL 2374404 (Fla. 2d Dist. App. May 31, 2017).

 

Anderson v. Taylor Morrison of Florida, Inc. revolves around an arbitration provision in the limited warranty that Taylor Morrison of Florida, Inc. (the “Builder”) provided to the Andersons. Six years after purchasing the home, the Andersons noticed exterior stucco defects and provided notice to the Builder of the defects. The parties were unable to resolve the matter and the Andersons filed suit. The trial court found the arbitration provision to be valid and the Andersons appealed to the District Court of Appeal, Second District.

The Court of Appeal found the arbitration provision to be against public policy and therefore rendered it void. The Court of Appeal found the provision void because it effectively limited the Andersons’ remedies to warranty claims and completely eliminated their statutory remedy for a violation of the building code.

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