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Burch Case Brief

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Submitted By och123
Words 673
Pages 3
Omar Hazien
Advanced Contracts
01/31/2011
Burch Case Brief

Procedure
Nevada Supreme Ct., 2002
James and Linda Burch, Petitioners, Home purchasers, Plaintiffs v. The Second Judicial Court of Nevada and Double Diamond Ranch, Seller, Defendant.
James and Linda Burch sue Double Diamond Ranch for breach of express and implied warranties, negligence, and fraud and misrepresentation.
Burches requested removing the insulation, professionally treating area with mildew, installing upgraded insulation, constructing proper water barrier underneath ground, and reimbursement of all fees.
The Second Judicial District Court granted developers motion to compel arbitration. Home purchasers petition for writ of mandamus.
Petition granted and sent to Supreme Court of Nevada.

Facts In March 1997, James and Linda Burch purchase home and homebuyer warranty from Double Diamond. Approximately four months after closing (October 1997), Double Diamond gave Linda Burch a 31 page warranty booklet and made her sign an application form but she did not read the booklet. She signed a document that said by signing she acknowledges she has viewed the “Warranty Teamwork” video, read and received copy of warranty, and consent to all terms including Double Diamond Binding Arbitration Provision. Warranty covers free from material and workmanship defects the first year, electrical/ plumbing/ mechanical defects the second year, and free from structural damages for ten years. In January 1999, the Burches complained about “serious problems underneath house.” Double Diamond offered to dry crawl space underneath house, install two additional foundation vents and six-mill vapor barrier, treat all areas of fungus, and reinstall insulation. Burches were not satisfied with offer. Both parties waive mediation. Burches file a complaint for damages in district court. Double Diamond filed a motion for

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