Burch v. Second Judicial District Court Of Nevada

49 P.3d 647 (2002)

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Nature of the Case

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Facts

In March 1997, Burch (P) purchased a home. Approximately four months after closing, D gave P a warranty booklet. The warranty was in a 31-page booklet and P admits to signing the application for the warranty but not reading it. A clause in the application states that the buyer has read the binding arbitration provision. When problems developed in January 1999, they contacted D to fix them. The problem involved saturated floor joists. D contested liability but offered to completely dry the crawl space, to install additional foundation vents, to install a six-mil vapor barrier, treat the fungus, and reinstall insulation except at the rim joist. Attempts to resolve the problems failed, and Burch (P) filed suit for damages, and both parties stipulated to waive mediation. D filed a motion for a stay and a motion to compel arbitration based on the Home Buyer’s Warranty. The court concluded that P entered into a valid contractual agreement to resolve any problems by arbitration. P now seeks a writ of mandamus to vacate the court’s order.