VLA&S attorneys represented a home inspector in a case involving the sale of residential property. Our client was one of six defendants named in the action. Plaintiffs claimed our client negligently failed to adequately inspect the property.
We filed a Motion for Summary Judgment based on a contract between the parties which included a 2-year statute of limitations provision and a mandatory arbitration clause. We argued Plaintiffs’ negligence claim was barred by these contractual provisions, as they: (1) failed to file their claim within the 2 year limitations period; and (2) failed to exhaust arbitration remedies before filing their claim.
In their Opposition, Plaintiffs’ main argument was that the agreed-upon limitations period violated public policy because it attempted to abrogate the delayed discovery rule.
The Court granted our Motion, finding that Plaintiffs’ complaint was completely barred by the applicable 2-year statute of limitations period. The ruling disposes of all claims against our client and extracted our client from costly litigation.