Court of Appeals Declines to Apply FAA to Washington Condo Project
Under Washington's Condominium Act, a unit purchaser is guaranteed the right to pursue judicial relief for breach of the statutory warranties. The issue is this case is whether this right of judicial access is trumped by federal law (specifically, the Federal Arbitration Act or FAA) so as to compel private arbitration of the disputes. Division 1, by a 2-1 vote, held that the federal FAA did not apply to a "garden variety" real estate development within Washington and therefore allowed the claimant to proceed in court rather than be compelled to arbitrate.
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