Clause database · Home services and warranty
First American Home Warranty
Sample Contract & Coverage Overview
As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: silent
No provision on this field was extracted from the captured text.
Company’s fee promise
Reviewed category: pays-all-unless-frivolous
Company will pay all AAA filing, administration and arbitrator fees for any arbitration it initiates and for any arbitration initiated by another party for which the value of the claims is $75,000 or less, unless an arbitrator determines that the claims have been brought in bad faith or for an improper purpose, in which case the payment of AAA fees will be governed by the AAA Rules.
Fee or cost shifting against the consumer
Reviewed category: provider-fee-rules-apply-if-claim-found-improper
unless an arbitrator determines that the claims have been brought in bad faith or for an improper purpose, in which case the payment of AAA fees will be governed by the AAA Rules
Pre-filing requirement
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
the arbitrator lacks the power to consider claims for injunctive or declaratory relief, or to grant relief affecting anyone other than the individual claimant
Small-claims carve-out
Reviewed category: available-standard-carve-out
Any party may bring an individual action in small claims court instead of pursing arbitration.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: consent-required-for-changes
No modifications to this Agreement are effective unless in writing and signed by both Parties.
Scope
Reviewed category: broad-plus-survives-termination
This agreement to arbitrate applies to Company, Homeowner and Seller, and their respective parent and subsidiary companies, affiliates, agents, employees, predecessors and successors in interest, assigns, heirs, spouses, and children. ... This arbitration agreement will survive the termination of this Warranty Contract.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: silent
No provision on this field was extracted from the captured text.
Counsel or representation restrictions
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.