How Ashton Woods Uses This Clause
Ashton Woods purchase agreements have been documented to include mandatory binding arbitration provisions. Ashton Woods contracts require all disputes to be resolved through construction-industry arbitration rather than civil court. Buyers waive their right to a jury trial, public proceedings, and most appellate review. WFTV's Action 9 investigation confirmed that Ashton Woods new-home contracts include binding arbitration as the sole dispute resolution mechanism. Source: WFTV Action 9 (2019). This clause has been the subject of litigation, including WFTV Action 9 Investigation — Orlando Deposit and Contract Terms.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Ashton Woods's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Combined with Class Action Waiver
The class action waiver and arbitration clause work together to ensure all disputes are handled individually in private proceedings.
Standard Form Contract
This clause appears in Ashton Woods's standard purchase agreement, which is generally presented on a take-it-or-leave-it basis. Buyers typically have limited ability to negotiate individual terms, though making the request in writing is still advisable.
Legal History
The following cases involve Ashton Woods's use of this clause type.
WFTV Action 9 Investigation — Orlando Deposit and Contract Terms
WFTV's Action 9 unit investigated complaints from buyers who signed Ashton Woods contracts and lost deposits of up to $33,000 when they could not close. The investigation documented the builder's mandatory arbitration clause, class action waiver, and the binding effect of contract terms on successive homeowners. A real estate attorney who reviewed the contract confirmed it was drafted to protect the builder with no deposit refund for mortgage denial. Source: WFTV Action 9.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Ashton Woods's operating states.
| State | Status | Note |
|---|---|---|
| Texas | Likely Enforceable | Mandatory arbitration clauses in Texas new construction contracts are likely enforceable. Texas has... |
| Florida | Likely Enforceable | Mandatory arbitration clauses in Florida new construction contracts are likely enforceable. Florida... |
| Georgia | Likely Enforceable | Mandatory arbitration clauses in Georgia new construction contracts are likely enforceable. Georgia... |
| Arizona | Likely Enforceable | Mandatory arbitration clauses in Arizona new construction contracts are likely enforceable. Arizona... |
| North Carolina | Likely Enforceable | Mandatory arbitration clauses in North Carolina new construction contracts are likely enforceable.... |
| South Carolina | Uncertain | The enforceability of mandatory arbitration clauses in South Carolina new construction contracts is... |
Related Clauses in Ashton Woods Contracts
This clause often works in combination with other provisions in Ashton Woods's purchase agreements.
The class action waiver and arbitration clause work together to ensure all disputes are handled individually in private proceedings.
Disputes over deposit forfeiture must be resolved through arbitration, where the cost of pursuing a claim may exceed the deposit amount.
Challenges to the habitability waiver must be pursued in arbitration rather than court.
Warranty disputes with third-party administrators may also be subject to mandatory arbitration.
What Buyers Can Do
- Understand the arbitration process before signing. Review which arbitration provider is specified, who selects the arbitrator, and whether you have any right to appeal. These details significantly affect the fairness of the process.
- Research the arbitration provider's track record. The specified arbitration provider may have a history with builder disputes. Understanding the provider's procedures and typical outcomes can help you prepare.
- Review the WFTV Action 9 Investigation — Orlando Deposit and Contract Terms case. The WFTV Action 9 Investigation — Orlando Deposit and Contract Terms ruling may be relevant to your situation. If you are buying a Ashton Woods home in a state with similar legal protections, this precedent could affect the enforceability of this clause.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Ashton Woods contracts that collectively limit buyer remedies. A contract scan can identify all of them.