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KB HOME SETTLES ITS LAWSUIT
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Texas – Two important changes to the terms of  homeowners’ warranties have occurred as a result of the settlement of the lawsuit Trevino v. Kaufman and Broad Home Corp. n/k/a KB Home, et al., No. 2003-CVQ-001553-D3.  These changes affect the terms of the KB purchase and warranty agreement of the class members in the settlement of this lawsuit.  The first important change affects the section of your warranty regarding mandatory binding arbitration.  As your warranty indicates, if you have a disagreement with KB that cannot be resolved through negotiations or mediation, the matter will be brought to arbitration.  Whether your warranty says that arbitration is binding or not, the results of the arbitration are not binding on the homeowner, but are binding on KB.  What this means to the class member, the homeowner, is if you are dissatisfied with the arbitrator’s decision, you do not have to accept the arbitration ruling and you may pursue your legal remedies in the courts.  Secondly, KB will pay for all costs of initiating the arbitration, and also pay for all costs and expenses of the arbitrator.  Both of these modifications are effective from the date you purchased your home.  However, neither of these modifications alter, modify or extend the duration of the warranty.  harvellajones@yahoo.com

 

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