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Brown v. Centex Homes7/19/2005
isfied customers. In the unlikely event that a dispute relating to the marketing, sale, design, construction or conveyance of the residence arises between them after closing of the residence purchase, including a claim for personal injury or misrepresentation, Purchaser and Seller agree to resolve the dispute exclusively through binding arbitration. The arbitration will be conducted by the American Arbitration Association, in accordance with its Commercial Arbitration Rules . . . .
(Emphasis supplied). The basis for plaintiffs' claims is Kroening's alleged misrepresentation concerning the future development and use of adjoining property. Under the terms of the arbitration clause, this dispute clearly falls within the scope of the agreement and is subject to arbitration. See Revels, 165 N.C. App. at 188-89, 599 S.E.2d at 59.
VI. Conclusion
This interlocutory appeal is properly before us due to defendants' assertion of the substantial right at issue. The arbitration agreement entered into by plaintiffs and Centex extended to Centex's agent, Kroening. This dispute is covered by the arbitration clause. The trial court's order is reversed and this matter is remanded.
Reversed and Remanded.
Chief Judge MARTIN and Judge LEVINSON concur.
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