What to do about a dispute I have with my builder over a warranty item?

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What to do about a dispute I have with my builder over a warranty item?

I believe my claim was denied for unreasonable excuses. The warranty book has a clause “Binding arbitration shall be the sole remedy for resolving disputes for you and us and our insurers”. Does that exclude me from pursuing the matter through the legal court system? Can I still sue them through the small claim court?

Asked on October 25, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file a suit in small claims court or in the judicial system thereby waiving any right for binding arbitration per the contract that you have. It is then up to the other side to try and force the dispute into binding arbitration. Most clauses I have seen regarding binding arbitration exempt matters that could be in small claims court for resolution.

I suggest that you may want to discuss your matter with a real estate attorney or a representative at your local legal aid clinic.


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