Texas Panel:  Subsequent Homebuyers’ Defects Claims Not Subject To Arbitration

Mealey's (December 9, 2020, 1:37 PM EST) -- HOUSTON — A Texas appeals panel on Dec. 8 affirmed a trial court judge’s decision to deny a homebuilder’s motion to compel arbitration of a couple’s construction defects lawsuit, holding that their claims that defects in the construction of the home resulted in excessive moisture levels that led to mold growth did not stem from the original purchase agreement and that they were not subject to the arbitration provision in the purchase agreement under the theories of direct benefits estoppel and implied presumption....