Corporation Information of LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD Texas Company Directory

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• LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.
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• Lennar Homes of Texas Land and Construction, Ltd. and Lennar Homes of Texas Sales and Marketing, Ltd. v. Kara Whiteley

Soon after Whiteley purchased the home, she sued Lennar for negligent construction and breach of implied warranties, alleging that construction defects caused a serious mold problem in her home. The issue in this case is whether an arbitration agreement in a recorded deed runs with the land and therefore binds the home’s successive purchasers. Prior to the arbitration, Whiteley s attorney signed an Agreement for Arbitration agreeing to the designation of an arbitrator and the rules applicable to the proceeding. Throughout arbitration Whiteley continued to represent that she was voluntarily agreeing to and participating in the proceeding. Specifically, Whiteley agreed to all conditions precedent to the arbitration in preliminary hearings; participated in the merits hearing without objection; and submitted two proposed arbitration awards in which she stated that all conditions precedent to commencing this Hearing had been met. The arbitrator s award states that the Parties .

We overrule Lennar s argument that Whiteley assumed the special warranty deed s arbitration agreement when she purchased the House. Whiteley did not assume the special warranty deed s arbitration agreement when she purchased the House. Moreover, the Texas Supreme Court has identified six theories under which nonsignatories to an arbitration agreement may be bound by its terms.

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Grp., Inc., 271 S.W.3d 263, 267 (Tex. 2008) (orig. proceeding) . A party s status as a third-party beneficiary depends solely on the contracting parties intent. First Bank v. Brumitt, 519 S.W.3d 95, 102 (Tex. 2017). Specifically, a person seeking to establish third- party-beneficiary status must demonstrate that the contracting parties intended to secure a benefit to that third party and entered into the contract directly for the third party s benefit. Id. (quoting Stine v. Stewart, 80 S.W.3d 586, 589 (Tex. 2002) ). The benefit must be more than incidental; the parties intent to confer a direct benefit to the third party must be clearly and fully spelled out in the agreement.

LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.

1 Big Tex designed and installed the air conditioning system in Whit inspected multiple phases of tion. The arbitrator issued his award on December 13, 2018. The arbitrator denied Whiteley all relief sought against Lennar and awarded Lennar attorney s fees and costs from Whiteley, Big Tex, and Xalt.

Asserting the arbitration agreement is a restriction, condition, and covenant in the property records, Lennar argues Whiteley s general warranty deed evidences an agreement to assume the arbitration provision. When construing instruments recorded in real property records, we apply the same rules that govern the interpretation of contracts. Marzo Club, LLC v. Columbia Lakes Homeowners Ass n, 325 S.W.3d 791, 798 (Tex. App. Houston [14th Dist.] 2010, no pet.). Our primary objective is to ascertain and give effect to the intentions of the parties as expressed in the instrument. If the instrument can be given a certain or definite legal meaning or interpretation, it is unambiguous and we construe it as a matter of law. Matters regarding arbitration awards in Texas courts are governed by Texas procedural rules.

Court of Appeals of Texas |

Lennar requested that judgment be rendered in conformance with the award and asked that Big Tex and Xalt be joined in the action. Whiteley responded to Lennar s combined motion and filed a Motion to Vacate the Arbitration Award , asserting she and Lennar were not bound by a valid arbitration agreement. The special warranty deed s arbitration agreement is not a covenant running with the land.

The Court granted the petition for review and set oral argument for January 31, 2023. These examples are insufficient to bind Whiteley to the single-family warranty s arbitration provision under the theory of direct benefits estoppel. In her second amended petition, Whiteley asserted a Texas Deceptive Trade Practices claim that alleged Lennar reach an express or implied warranty. Whiteley asked Lennar to plant a tree on her property in December 2015 and April 2016.

See Jody James Farms, JV, 547 S.W.3d at 633. The Court has not identified covenants running with the land as one of those theories. We decline Lennar s invitation to expand Texas law and adopt a new principle previously unrecognized by the Texas Supreme Court despite decades of jurisprudence concerning arbitrations and well-established Texas law concerning the nature of covenants that run with the land. 2 Even though the parties arbitration proceeding was governed by the FAA, procedural confirm or vacate an arbitration award should be decided as other motions in civil cases; on notice and an evidentiary hearing, if necessary.

While the provision states that the warranty s rights and obligations . Fully transfer to each successor owner of the Home, that transfer is effective only if the House is sold during the Warranty Term. If the House is sold outside the Warranty Term , the successor owner is not entitled to any of the warranty s rights.

LTD. LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION - Houston

We decline to hold that, by reasserting the issue in her motion to vacate and receiving a favorable ruling, Whiteley waived the issue for appellate review. Under direct benefits estoppel, a nonsignatory plaintiff seeking the benefits of a contract is estopped from simultaneously attempting to avoid the contract s burdens, including the obligation to arbitrate. In re Kellogg Brown & Root, 166 S.W.3d at 739; see also Ali v. Smith, 554 S.W.3d 755, 760 (Tex. App. Houston [14th Dist.] 2018, no pet.). When a claim depends on the contract s existence and cannot stand independently that is, the alleged liability arises solely from the contract or must be determined by reference to it equity prevents a person from avoiding the arbitration clause that was part of that agreement. But when the substance of the claim arises from general obligations imposed by state law, including statutes, torts and other common law duties or federal law, rather than from the contract, direct benefits estoppel does not apply, even if the claim refers to or relates to the contract. Leach Builders, LLC v. Sapphire V.P., LP, 458 S.W.3d 502, 528 (Tex. 2015).

The existence of a valid arbitration agreement between specific parties is a gateway matter for the court to decide. Mgmt., LLC, 577 S.W.3d 263, 267 (Tex. App. Houston [14th Dist.] 2018, pet. denied). Under the FAA, ordinary principles of state contract law determine whether the parties have a valid agreement to arbitrate. In re Rubiola, 334 S.W.3d 220, 224 (Tex. 2011) (orig. proceeding).