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Consumer Law Keyed to Pridgen, 5th Ed.
Walton v. Rose Mobile Homes LLC
Citation:
298 F.3d 470 (2002)Facts
In January 1999, Thomas and Le’Ellen Walton purchased a mobile home manufactured by Southern Energy Homes from retail seller Rose Mobile Homes. Southern Energy issued a one-year manufacturer’s warranty against defects in materials and workmanship containing an arbitration provision requiring binding arbitration of warranty claims. The Waltons discovered various defects in their mobile home and requested repairs from both Southern Energy and Rose on numerous occasions, but repairs were never completed to their satisfaction. In October 1999, the Waltons revoked acceptance of the mobile home by letter. In December 1999, they filed suit in Mississippi state court alleging negligence, breach of contract, breach of express and implied warranties, and violation of the Magnuson-Moss Warranty Act. The defendants removed the case to federal district court and moved to compel arbitration of all claims.
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