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Does a deed provision carry to subsequent purchasers?
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Court Report
Wednesday, October 2, 2019
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In a case of first impression, the second owners of property in Florida sued the homebuilder for violating state law when they installed the stucco system on the home. The homebuilder sought to stay the case and compel arbitration pursuant to the language of the original special warranty deed they executed to the previous owners. The trial court granted the motion and the homeowners appealed, arguing that the arbitration provision was a personal covenant binding upon the previous owners, not a covenant running with the land.
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