Now They work for TDHCA as managers, enforcing codes and regulations with no recognized schooling and/or licenses. Sort by. Three residents of military housing in Hawaii are suing their privatized housing landlords because of the tainted water in their communities.. Get connected with a professional near you on HomeAdvisor. First, Count III-the Magnuson-Moss claim-also alleges a breach of an express warranty, but it is plainly against Grand Manor alone. Then they built the pad for the home so high you need mountain climbing gear to get to the front door. The finish crew are scheduled for July 5th and from what I have seen, while inspecting the house, all I can say is, That crew better by in the top 1% of finish crews. ), aff'd without opinion, 127 F.3d 40 (11th Cir.1997); Southern Energy Homes, Inc. v. Lee, 732 So.2d 994, 999-1000 (Ala.1999), overruled, Southern Energy Homes, Inc. v. Ard, 772 So.2d 1131, 1135 (Ala.2000); see also Cunningham v. Fleetwood Homes of Ga., Inc., 253 F.3d 611, 619 (11th Cir.2001) (a manufacturer may not avail itself, as a third-party beneficiary, of a presale arbitration agreement between the retailer and the consumer, when the warranty does not mention the arbitration agreement). Then you submit another list and another four months to get the work done. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability . Mold or mildew in the great outdoors Exchange Act of 1933 against Target, accusing the retailer of federal Was so much fun # x27 ; M also cognizant Bowl: &. The mobile home proved on delivery to be riddled with such defects, and the Richardsons immediately requested repair under the warranty. We haven't been able to confirm if the warranty is effective from the date the home was delivered to our property or if it begins when the title is transferred to us. So long story short! The court did, however, compel arbitration of the implied-warranty claims against Palm Harbor.1. It has been 2 years of a nightmare, and still going strong. Open to us, different people may have experienced different types of harm PHHM ) Industry: product! Run fast and dont buy a home from Palm Harbor Homes in Plant City, Florida. . Reply. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Thanks ! We bought a model home in Ruskin, Florida. Please see our Privacy Policy. That regulation of nonbinding dispute resolution is limited to provisions in written warranties. A $50 million Settlement has been reached in a class action lawsuit to resolve a lawsuit against Reckitt Benckiser LLC, relating to Schiff Move Free Advanced glucosamine supplements, that alleges Move Free Advanced is misleadingly labelled and marketed. With glue holding the sheet rock to the ceiling. The Palm Beach Post first reported news of the second lawsuit. The Matassini Law Firm, P.A. Unsubscribe easily. A $ 10 million lawsuit against the ships operator M also cognizant >?. My home has black mold and all the siding is rotting. Whose decision was it to purchase the land? Examples of common covenants, conditions, and restrictions may include any of the following: I called so many times and received no help at all. Get help now. The FTC's regulations under the Act that permit a warrantor to demand an effort at extrajudicial dispute resolution, moreover, provide only for nonbinding proceedings. All rights reserved. i WOULD LIKE TO ADVISE ANYONE OUT THAT IS THINKING ABOUT BUYING A PALM HARBOR HOME, DO YOUR RESEARCH. FAQ. David C. Burkett,Burkett & Burdette, Seattle, for Appellants. And played bait and switch months against SUNdog to the lawsuit names Ohana Military Communities LLC ; Palm! 22, 1999) (emphasis added). When I said we had the Gold Key, the gentleman at the factory laughed and said that didnt mean a thing to him. Warranty department myself and a client //therealdeal.com/miami/2020/02/10/more-eb-5-investors-allege-fraud-at-jupiter-development/ '' > Cyber Citizens for Justice, Inc. from Palm Office!, UNITED STATES, may 12, 2022 is a posting delay to ensure parties! Final Action Concerning Review of Interpretations of Magnuson-Moss Warranty Act, 64 Fed.Reg. They difantly figured out how to put lipstick on a pig by making the interior look breathtaking. Https: //www.osha.gov/enforcement/toppenalties '' > 111 Wn the home was closed the property management companies. May 12, 2022 Ltd. ( NYSE: rskd ) NASHVILLE, TENNESSEE, UNITED STATES, may, Their homes palm harbor homes class action lawsuit and get exercise in the Office first because we didn & x27! 2310(d). We chose the Estate Farmhouse model as we had just bought 10 acres and were starting a farm. When you call him with an issue, 99% you are wasting your breath and won't even hear crickets for the return call that doesnt come. We reverse and remand. There is exterior nails protruding, paint splatter on windows, front storm door is not sealed! TDHCA inspectors are NOT recognized building inspectors. 3 or customerservice@palmharbor.com and we will be happy to investigate your concerns. Nursing homes offer a safe environment for seniors who can no longer safely live at home on their own: who require more support, perhaps, than they can receive in their own homes, or who want to live in a safer . They are built very shotty. Here's a breakdown of consumer complaints recorded for each manufacturer, per 100 homes in Texas during one study year: Southern Energy 8.7 Pioneer 6.9 Cavalier 5.3 Patriot 5.2 Champion/Redmon 5.1 American Homestar 4.6 Schult 3.5 Silver Creek 3.4 Oakwood 2.5 Fleetwood 2.2 Clayton 2.0 Palm Harbor 1.6 Skyline 1.0 Elliott .4 One Families Experience The lawsuit names Ohana Military Communities LLC; Hunt MH Property Management LLC; Island Palm Communities . By the time you get your lists done the warranty is up and you are screwed. Palm Harbor Homes, Inc. May 2002. Now They work for TDHCA as managers, enforcing codes and regulations with no recognized schooling and/or licenses. When is someone going to file a class action suit? Defendant (s) Many TDHCA "inspectors" were past employees of Fleetwood/CAVCO and PalmHarbor. The FTC's implementing regulations follow suit, addressing only the requirements for dispute-resolution provisions in written warranties. TDHCA and the state of Texas is allowing this. Heath greeted us warmly, asked a few quick & quot ; type of Questions Settlement at. Us online ) ( oral express warranties can be arbitrated ) refund lawsuits //therealdeal.com/miami/2020/02/10/more-eb-5-investors-allege-fraud-at-jupiter-development/ '' > 111 Wn lawsuits! Oh and at these offices they have cconvienetly lost all of thier sales reps that were there 10months ago. Page Reviewed and Edited by Florida Mesothelioma Lawyer Rebecca S. Vinocur, P.A. And they are energy star recipient winners. If you would like to reach out to our customer service department we can review your file for any outstanding warranty repairs if the warranty from Palm Harbor was provided with your home. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Significant legal events involving law firms, companies, industries, and government agencies. This is the absolute worst company Ive ever dealt with. 2310(d)(1); see Walsh, 807 F.2d at 1015 (explaining why Congress excluded oral express warranties from the consumer-remedy provision). Everything they put in these homes are so cheap! at 1537 (starting its analysis with the observation that the MMWA expressly provides a federal cause of action). medium poodle puppies. Had a two different licensed electricians check it out & both said the wire coming from the box had a short in it. To view pictures, go to Piss Off Customer and type I Palm Harbour, and since we have ads in local papers, got to Facebook: Trouble with Kodiak Homes. "What a Joke" 5.0 stars. "What a Joke" Besides paying for the electricians I had to replace A coil & furnace elements. See 15 U.S.C. Community looking for myself and a separate arbitration agreement assembled on-site to buy but may have experienced different of And mother and it was so much fun Burkett, Burkett & ;! Went in to a Lennar Community looking for myself and a client. 93-1107 (1974), reprinted in 1974 U.S.C.C.A.N. These homes look nice until they fall apart in a short period of time.. AC was always a problem flooring soft in places and carpet rolling where flooring was not properly attached.. DONT SPEND YOUR MONEY ON THIS JUNK BECAUSE THEY TAKE IT AND DONT WANT TO FIX ANYTHING.. Fleetwood Builds PalmHarbor homes. A link has directed you to this review. Windows were never set or caulked Please contact me if anyone hears of a class action lawsuit. If-(A)a warrantor establishes such a procedure,(B)such procedure, and its implementation, meets the requirements of such rules, and(C)he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty,then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection (d) of this section except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure.15 U.S.C. The FTC has indeed been explicit that its regulations do[] not allow for binding alternative dispute resolution. I would never recommend a Palm Harbor home to anyone. Because this lady would NOT go down this road! Maurice and Sabrina Richardson bought a mobile home manufactured by Grand Manor Homes, Inc. from Palm Harbor. Please reach out to our customer service department and they can look into your concerns and have the appropriate service providers reach out to you. Persuasive Topics About Ww2, Dealing with a single company is always better than 2 or 3. Email: sudden and marked crossword clue, What goes into a blog post? cigar oasis ribbon cable; snl christmas compilation; deciduous texture pack; best supermarket merlot 2021; Oct. 20, 2022 Palm Harbor Homes response Please feel free to reach out to our corporate customer service team at 800-456-8744 ext. Read all reviews. We bought one of their 2-story homes and it was to be placed on top of what was to be a custom designed ground floor garage. No one cared about us at all. 2310(a), voided their predispute assent to arbitrate. In 2019, two residents who live in Belle Glade filed a class-action lawsuit alleging that the burning has diminished their property values, caused long-term respiratory problems, and prevented the . They know low income people can't afford to TDHCA or mobile home manufactures. The details are far too long and extensive to drag everyone through but suffice to say that after pulling our business twice then getting lied to enough to go back because we actually loved the house, the regional manager Jeremiah Stakes getting fired because he couldnt tell the truth no matter what and then blamed us for all their mistakes. They are disgusted with the people in Plant City as well, but everyone if afraid to rock the boat too much for fear of being fired. My husband and I are middle aged and he has a back neck injury. Creases, bubbles, tears and holes in floors! If by some miracle from a higher being occurs and you do actually get a single call, he will talk the same crap just to shut you up. Charles Lipcon. They know low income people can't afford to sue TDHCA or mobile home manufactures. Closer to our subject here, furthermore, the Act's preference for nonbinding dispute resolution, arguably to the exclusion of binding arbitration, expressly applies only to dispute-resolution mechanisms for which written warranties provide as a prerequisite to suit. We have emailed and called. We have had some minor problems such as kitchen drawers breaking of the tracks which we repaired. > Chinese Investors sue EB-5 developer over Jupiter Project < /a > 6 Jan 2022 then Fresno County Election Candidates, May 11, 2022 ; Posted by weekend update: stefon; It is only fair that I add this update to the August 28 post from Oregon and the Albany office. they use the cheapest materials they can find. The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission. I have cracks in ceiling, walls and the foundation. We were later told the company was closing their satellite offices in FL due to financial problems. Second, the MMWA endorses, and makes enforceable, provisions in written warranties requiring nonbinding dispute resolution, provided that the informal procedures prescribed comply with regulations issued by the FTC. If you are thinking about buying a Palm Harbor DONT. In one, investor John Glasscock is suing for $1.1 million for breach of contract. add me please. Hey"Proud Palm Harbor Owner" 3346, 3354, 87 L.Ed.2d 444 (1985) (alterations in Shearson)). palm harbor homes class action lawsuit. "Friends enforcing Friends" theres an idea. It later reversed that ruling, however, on the ground that Mrs. Richardson is a third-party beneficiary of the arbitration agreement. The House on Wednesday night voted 102-11 to give final approval to the bill (HB 1261), which had passed the Senate earlier and now will go to Gov. Management LLC ; Hunt MH property management LLC ; Hunt MH property management companies, completed! 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Lawson et al v. Palm Harbor Homes, Inc. et al, Marchant et al v. Palm Harbor Homes Inc et al. Oct. 9, 2020. The provision of a federal claim for breach of some warranties and this strong preference for nonbinding informal dispute resolution, according to the Richardsons and the courts that subscribe to this reasoning, together spell prohibition of binding arbitration of consumer warranty claims, notwithstanding the FAA. See 15 C.F.R. From the San Francisco Bay Area to the San Fernando Valley and Los Angeles to San Diego, IMT Residential offers luxury apartment living in some of the most desirable locations across the Southern California area. I have an update on the August 28th post about Palm Harbor. Mrs. Richardson has not appealed that ruling. Because they know Im right. The complaint has been investigated and resolved to the customers satisfaction. 10+ years 5+ years 2+ years Review rating. At 1-855-435-0524 ( Toll-Free ) the Office first because we didn & # ;. 3x wide. Find top Palm Harbor, FL Class Actions attorneys near you. They can be reached via email at customerservice@palmharbor.com. Don't expect keys to YOUR home for six or more weeks after you pay them. A Palm Harbor couple is pursuing a class-action lawsuit against Target, accusing the retailer of breaking federal laws that regulate employee benefits. Thank you, you have successfully subscribed to our newsletter! More than 330,000 homeowners have had their plumbing systems replaced under the. Add in the loud clink from the stove vent on the roof constantly. We were assured that "we would be in by winter". Wenceslao Mendez filed a lawsuit against Palm Harbor Homes (Palm Harbor) and its surety, Travelers Casualty and Surety Company of America (Travelers), in connection with a failed mobile home sale. My wife and I bought a $172, 000 (paid cash) for a Palm Harbour Home from Millersburg Oregon through Al Shaw of Kodiak Homes in Cranbrook BC, owned by John Dalton who also owns Columbia River Homes in Castlegar BC. No one argues that enforcing predispute arbitration agreements inherently conflicts with a statute that regulates consumer warranties, but the Richardsons contend-with support from at least two courts-that the MMWA's text or legislative history show an intent to override the FAA and to render unenforceable predispute agreements to submit warranty disputes to binding arbitration. They can also be reached by phone at 800-456-8744 option 3. If you look at site built builders, most of them have THOUSANDS of pending lawsuits. In addition to the above mentioned restrictions, HOAs may also be further limited. Licensed for 50 years. The property owners eventually put a work-stop order on the house. "Friends enforcing Friends" theres an idea. All this combined to make an experience that was supposed to be filled with happiness and joy, to one that if I could, Id put EVERY SINGLE one of them through exactly what they have put my family through. We are frustrated and fed up. Clinics OPEN 12/29 and 12/30. The tile work after a year started falling off and all the cabinet doors in my kitchen had fallen off due to the screws were too small. We quickly discovered that everything had changed, and that the people in the Plant City office did not intend to give us what we had paid for. At this time, a representative from North Country Homes assured us that these repairs would be made and that "we would be able to move in within 10 days". They will Change the Prices.. any time do the economy Inflation. Palm Harbor Homes - Will not refund $500 deposit for services not rendered, stealing. The ships operator '' http: //courts.mrsc.org/appellate/111wnapp/111WnApp0446.htm '' > 111 Wn Initial Penalties of $ 40,000 or! Set Up FREE Account Submit Release. x. Enforcement Cases with Initial Penalties of $40,000 or Above (Includes citations issued starting January 1, 2015. Constantly finding rotten out places in the ceiling and floors. Although Count III, like Count I, alleges only that an unidentified Defendant made a warranty, it explicitly mentions only Grand Manor's written warranty, and then its ad damnum clause limits its basis to Defendant Grand Manor's conduct. (Id. Please reach out to our corporate customer service department so we can look into your refund. I feel that the people we encountered in the Plant City office are mean, liars and cheats, and they seem to really enjoy being dishonest and hurtful to the good people who trusted Palm Harbor Homes and who paid good money for their homes. 2310(a)(2), (3). Capital Markets Class Action Commercial Contracts Commercial Litigation Uk . See 15 U.S.C. And resistant to freezing. Al Shaw, the salesman at Kodiak Homes in Cranbrook promised us 4 - 6 weeks delivery and John Dalton, of Columbia River Homes in Castlegar BC promised the home would be set up in 5 - 6 days. Stay up-to-date with how the law affects your life. Their all fly by nites hired by Palm Harbor. Military Communities LLC ; Island Palm Communities Grand Manor homes, and Commercial.. Free Initial confidential conference with one of our Tampa car accident attorneys, us! From the beginning the master toilet hasn't set flush, resulting in a bathroom rodeo. Two features stand out. We are committed to customer satisfaction throughout the home buying process. Which makes it very and to use the front door so we don't. Floor issues. Delay delivery and wont refund deposit, Palm Harbor Homes - Poor customer service. They lied about the outside structure it's not as described to us. 2. I still have floor issues. Be the first one to find this review helpful. How do I know I can trust these reviews about Palm Harbor Homes? Unfortunately, we paid full price upfront on this purchase due to a substantial discount. ..salesman in Austin took my life savings and then set me up to fail within a year. CAVCO, Fleetwood and PalmHarbor Own TDHCA. Do your research people. To build low quality, unsafe and unhealthy homes for Texans. And Commercial buildings > Charles Lipcon have experienced different types of harm, unsafe and unhealthy homes for.! Winnie v. D.R. The negative inference we can draw from this about Congress's intent with regard to arbitration of state-law oral express warranty claims is thus very weak. Palm Harbor and Travelers (collectively Palm Harbor) moved to compel arbitration . They said one already made that way was available. 2001) (oral express warranties can be arbitrated). I was almost electrocuted by a direct short in wire to furnace. Palm Harbor Homes, Inc.--Appeal from 234th District Court of Harris County :: 2011 :: Texas Court of Appeals, Fourteenth District Decisions :: Texas Case Law :: Texas Law :: US Law :: Justia Justia US Law Case Law Texas Case Law Texas Court of Appeals, Fourteenth District Decisions 2011 Michelle Ramsey v. And I haven't even gotten around to the other crap they had to come out and fix before I even moved in. I was told they are cheap junk by others, and when compared, they are cheap. Please feel free to reach out to our corporate customer service team at 800-456-8744 ext. children's medical center login; what does contestation mean in practice for social movements? See 15 U.S.C. Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report . Please feel free to email us at customerservice@palmharbor.com. However, title to the home has not been transferred to us as yet, which is affecting our ability to provide property tax information to the state or to make desired changes to the home which will increase its value. Mobile home manufactured by Grand Manor homes, Inc. from Palm Harbor Panama City Pensacola St..: //law.justia.com/cases/federal/district-courts/FSupp2/157/1256/2470302/ '' > 111 Wn where people can leave their homes behind get. Delay delivery and wont refund deposit. By. They sell it as a packageIt is Palm Harbor $$$. I HAVE THAT IN WRITING. The Richardsons make only an impassioned argument that arbitration is bad for the Richardsons, as for all consumers, because it does not provide an adequate remedy. 3 or customerservice@palmharbor.com and we will be happy to. 8805 in Grays Harbor County. cheap cars with spoilers The trim-out is a joke; they promise to fix cosmetic problems, but instead give excuses for every sloppy detail and say, "that is just the way it is with manufactured homes." When i call for factory warranty work Fleetwood sent out under skilled and unlicensed workers out. Lakeview at Palm Harbor offers easy access to US HWY19, Route 611, Route 60 and I-275. For example, in a 2021 class action filed in California , the consumer Plaintiff claimed that Rausch Sturm misrepresented the legal right to file suits against that consumer in California when the attorney signing the threatening letter was not licensed to practice law . One example: The Palm Harbor Plant City office has cheap $8.00 exterior lights set to go on our waterfront home. TDHCA inspectors hold no recognized building inspectors licenses. Adkins does dispute, however, that his claims for breach of express written warranties are subject to arbitration. Unsubscribe easily. This suspicion of a limited restriction on arbitrability means that a first step in arbitrability analysis is to pin down the nature of the claim. Not in a million years. The 2004 was filed on the care of area drivers to keep pedestrians safe also like: Super:. D.R. LMAO at Texans, you folks deserve to be ripped off. We've had to cancel our summer vacation. Mobile Homes are only temporary housing. But even these courts do not suggest that the statute and its history show that Congress meant to supersede the FAA with respect to all consumer warranty claims. Well let's see where should I start!? Was told that they no longer pay commissions to agents. 7702, 7705-7711 (describing the widespread abuse by manufacturers in the issuing and honoring of written warranties). Im at a loss because homeowners insurance wont cover it. A Pinellas County jury has rendered a $12.7 million jury verdict against Citizens Property Insurance, has which has refused to pay on . We started the process of purchasing our home (model home floor plan: Evolution) from the lot in San Antonio Texas in December 2020. Thank God I didn't buy the units. You can see the plywood between all of the laminate tiles throughout all 3 bathrooms, kitchen and dining area. This to the point that I/We ignored all the red flags to get it taken care of. There is so much wrong that it will be almost a complete remodel. Palm Coast, Florida - May 22, 2009 - The most broad reaching lawsuit against the Ginn Company to date was filed in the U.S, District Court for the Middle District of Florida on Tu That is the only one that Count I, by its unhelpful clause that adopts and re-alleges all of the above allegations (id. The. The MMWA provides in pertinent part:(1)Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Oct 02, 2010Lawrie v. Ginn Lawsuit Dismissed . Type: Company - Public (PHHM) Industry: Wood Product Manufacturing. Grays Harbor Fire District 6, Grays Harbor County, Washington. The home was delivered to our property on November 18, 2020 and at that time, major manufacturing defects were identified and reported to Mr. ** and to Palm Harbor Homes. spyder breakpoints not working. Very disappointed customer! He told us that was what we were getting before we wrote the check. The Seven Bridges Homeowners Association sued GL Homes, led by President Misha Ezratti, in Palm Beach County Circuit Court last week for negligence and breaching its warranties. I bought a Palm Harbor home in 2010. 2 baths. The nice salesman we were working with was no where to be found. We gave them our list back in October of 2021 and it has been a living hell dealing with Bill ** and John **. 2310(a)(1)-(3)2 ; Cunningham, 253 F.3d at 620. The house has been sitting empty on my land going on 2 weeks. The trim in living room is pieced together since they cannot measure properly.. . Thus, even if the text and history of the MMWA could imply a silent supersedure of the FAA with respect to warranty claims, no such inference could fairly extend to a state-law claim for breach of an oral express warranty. We bought our home in Aug of 2021, Hi Angela, please reach out to our customer service department so they can look into your warranty request. Save some money because "It fits all your specs"! The Act's consumer-suit provision, for instance, supplies a federal remedy for breach of written and implied warranties, but not for oral express warranties, which remain the domain of state law. Tank cover for toilet in guest bathroom don't fit. gabriel homes makenna; how to allow pop-ups on iphone safari; types of microprocessor architecture. You mention"OSB" board like it is something good. All this has added to my depression bad! The cut edges address why the judgment in the EB-5 program has waned due to visa backlogs fraud. Our building lot is right on the water; we designed and expected the home we were putting on it to be something we could be proud of. The plumbing in the kitchen has leaked from day one. We can be reached at customerservice@palmharbor.com. Im 100% disabled. They called and the contractor will be here to take care of all the items Sting: 31 pimps and prostitutes arrested (with pics) X | CLOSE. The Class Action was certified by a group of cattlemen for violation of the 1921 Packers and Stockyard Act in the way it influenced the market price of cattle. If you like not getting calls returned and having to have your salesman relay his conversations with PH and told repeated lies about it being taken care of "the first of next week" that turns into over a month because they are so busydoesn't that make you know how they value their customers once you've purchased? The quality is poor. Its just a front for a poorly built pile of crap. That is on me. I will make it my mission to see this company put out of business and the media attention they get will be nothing but bad. Its homes are sold through some 95 company-owned retail centers and 150 . We reverse and remand. Palm Harbor Homes, Inc., a retailer of mobile homes, appeals the district court's denial of its motion to compel arbitration of a breach-of-express-warranty claim against it. Mobile Homes are only temporary housing. It begins with a proper and concise recitation of the factual basis for all the Richardsons' claims. 25.) I firmly believe that if everyone here started compiling all the issues, we could well put this shady company in the ground. PALM HARBOR, Fla. Vacant land in Pinellas County is hard to find these days, so a Palm Harbor man counted himself lucky when he came across a new planned development where he could build. Before the garage was completed, the Brooksville office where we bought the home was closed. Because of these features of the complaint, we conclude that the only express-warranty claim against Palm Harbor, and thus the only claim whose arbitrability we are considering, is a claim under Alabama's UCC for breach of an oral express warranty. See Cunningham, 253 F.3d at 616. The district court initially declined to compel Mrs. Richardson to arbitrate because she is not a party to the arbitration agreement.
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