Shea Homes Ltd. v. Loeffler CA4/3

FACTS AND PROCEDURAL HISTORY

In May 2011 the parties executed a Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for defendant’s purchase of a home in Aliso Viejo (Property) from plaintiff for $714,900. Escrow closed in July. The Agreement contained an alternate dispute resolution (ADR) provision, that included procedures for arbitration. One section provided: “POST-CLOSING DISPUTE RESOLUTION AND LIMITATION OF REMEDIES: Any disputes between Buyer and Seller arising after Close of Escrow, regardless of whether any aspect of the

1 The facts are taken primarily from the Award and the Statement of Decision. The Award provides that if its statement of facts conflicts with those proffered by a party it is because of the arbitrator’s assessment of credibility and weight of the evidence presented.

2 dispute arises from any act or omission committed or omitted prior to Close of Escrow, relating to or arising out of this Agreement, or to the use, condition, operation, design, surveying, grading, development, construction or installation of the Property and any improvements, landscaping or personal property located thereon, shall be resolved in accordance with this…