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Clause database · Home services and warranty

First American Home Warranty

Sample Contract & Coverage Overview

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://homewarranty.firstam.com/media/contracts/10.B.pdf
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
2c4bd274563168a06546c1d4c0315076da6dd3920215e1ded906b5228d1b512a

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.

Consumer’s share of arbitration fees

Reviewed category: company-pays-share-below-stated-claim-value

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.

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.

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