How Hubble Homes Uses This Clause
Hubble Homes purchase agreements have been documented to include mandatory binding arbitration clauses requiring disputes to be resolved through arbitration rather than court proceedings. This provision eliminates the buyer's right to a jury trial and may limit discovery rights. Arbitration costs and provider selection terms should be reviewed carefully. (Source: common production builder contract pattern)
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies. Because Hubble Homes operates exclusively in Idaho, the enforceability of this clause is governed by Idaho state law and the Federal Arbitration Act.
As Idaho's largest homebuilder by volume, Hubble Homes uses standardized contract templates across its Treasure Valley communities. A clause identified in one community's contract is likely present in other communities' contracts.
Builder-Specific Details
Combined with Class Action Waiver
The arbitration clause works in tandem with the class action waiver, requiring each buyer to pursue claims individually through arbitration rather than joining collective legal action.
Single-State Operations
Hubble Homes operates exclusively in Idaho. Contract terms are consistent across the builder's Treasure Valley communities, and enforceability is governed by Idaho law.
Standard Form Contract
This clause appears in Hubble Homes'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.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Hubble Homes's operating states.
| State | Status | Note |
|---|---|---|
| Idaho | Likely Enforceable | Mandatory arbitration clauses in Idaho new construction contracts are likely enforceable under both state and federal law. The Federal Arbitration Act generally preempts state law attempts to invalidate arbitration agreements. Idaho courts have generally upheld arbitration clauses in consumer contracts. |
Related Clauses in Hubble Homes Contracts
This clause often works in combination with other provisions in Hubble Homes's purchase agreements.
The class action waiver forces individual arbitration, preventing buyers from pooling resources in collective claims.
Disputes over deposit forfeiture must be resolved through arbitration, where the cost of pursuing a claim may exceed the deposit amount.
Warranty disputes are subject to mandatory arbitration, which may limit the buyer's ability to pursue warranty claims effectively.
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.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Hubble Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.