Homeowners in the Willowbrook neighborhood are learning their hands may be tied after a clause was found in their contract with the builder, KB Home, they may restrict their legal options.
Homeowners
in the Willowbrook subdivision found out that their hands
are legally tied. The contracts with KB Homes – the
builder of these homes – call for arbitration, with an
arbitrator named by KB Homes
A
clause in their contract with the builder KB Homes restricts
their legal options.
About
sixty homeowners in the Willowbrook neighborhood are
complaining about leaks, mold and collapsing balconies.
Manatee
County
building inspectors say minimum 21 of the
homes
are unsafe. The residents say the problems go much further than balconies,
but their sales contract restricts their legal recourse.
Arbitration
always puts the consumer at a disadvantage: It’s taking away your right
to a day in court before either a jury of your peers or a judge. And
instead of a judge and/or jury it’s replacing that option with somebody
that the company thinks would be good to decide the case.
The
only way around the arbitration requirement is a class action lawsuit
attorneys say homebuyers would have to bind together and ask a judge to
allow such case.