In the class action Donia Townsend, et al. v. The Quadrant Corp., et al., four married couples who bought homes from builder The Quadrant Corp. charged that after moving in to their respective homes, various construction defects had caused them to incur damages from mold, pests and toxic gases, and had violated Washington's Consumer Protection Act. Each purchase contract included a clause mandating that any disputes with the builder would be arbitrated, not litigated. The homeowners asked the court to find the arbitration clause unenforceable, alleging that the builder had presented the purchase agreement containing the clause on a "take it or leave it" basis, had applied high-pressure sales tactics to get them to sign the purchase agreement, and had failed to allow th...
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