Anderson v. Taylor Morrison of Florida, Inc., 223 So. 3d 1088

Reginald and Michelle Anderson purchased a home from Taylor Morrison in 2009 and later discovered stucco defects alleged to violate the Florida Building Code.
In June 2015 the Andersons served a section 558.004 notice identifying code-based stucco defects; they sued in September 2015 asserting (1) building code violation under section 553.84, (2) breach of contract, and (3) FDUTPA claims.
The Builder had supplied a limited three-page Warranty with the sale, including a one-year workmanship warranty, a ten-year major structural warranty, a broad disclaimer waiving other claims, and a Dispute Settlement clause requiring arbitration for disputes "arising out of, or in any manner related to, this Warranty or any alleged issues in your home or property."
The Warranty’s disclaimer stated the limited warranty is the exclusive remedy and that buyers waive all other claims "whether in contract, tort or otherwise."
The trial court compelled arbitration; the Andersons appealed, arguing the arbitration provision (especially viewed with the waiver) is void as against public policy because it eliminates their statutory remedy under section 553.84.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Warranty's arbitration clause and disclaimer are unenforceable as against public policy because they preclude statutory remedies for building-code violations	Andersons: Clause + disclaimer waive all non-warranty claims and thus eliminate statutory remedy under section 553.84, defeating the statute's remedial purpose	Builder: Parties agreed to arbitrate disputes related to the home; arbitration is enforceable and a non-warranty claim could be arbitrated; disputes about the contract as a whole must be decided by arbitrator	Reversed: Clause unenforceable as against public policy because it effectively eliminates the statutory remedy for code violations rather than merely narrowing it

Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011) (arbitration agreements that defeat statutory remedies violate public policy)
S.D.S. Autos, Inc. v. Chrzanowski, 976 So. 2d 600 (Fla. 1st DCA 2007) (arbitration unenforceable if it prevents meaningful relief under remedial statute)
Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440 (U.S. 2006) (arbitrability of contract defenses depends on whether challenge is to entire contract or arbitration clause)
Nunez v. Westfield Homes of Fla., Inc., 925 So. 2d 1108 (Fla. 2d DCA 2006) (arbitration not compelled where warranty did not cover claims asserted, including code violations)
Pulte Home Corp. v. Bay at Cypress Creek Homeowners' Ass'n, 118 So. 3d 957 (Fla. 2d DCA 2013) (statutory building-code claims can be subject to arbitration where parties clearly agreed)