Home’s original recorded deed because the arbitration provision is a covenant running with the land.
Gersten successfully argued that the appellants are bound by the arbitration provision contained in U.S.
To date, only three other courts in the country have addressed this issue. This case of first impression is the first time any Florida court has addressed whether arbitration provisions contained in a recorded deed can be enforced upon subsequent purchasers. The appellants argued they were not bound by the arbitration provision in the original recorded deed because they were subsequent purchasers and they had no contract with the builder. Home for installing a faulty stucco system pursuant to statute. Home, were subsequent purchasers of the property. The appellants, who had no contractual relationship with U.S. The appeal centered around the enforcement of an arbitration provision contained in a recorded deed. Home Corporation (Lennar), in Florida’s Second District Court of Appeal. Gersten secured a written opinion in favor of Gordon & Rees' client, U.S. In a case of first impression for Florida, Miami partner David M.