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While the provision states that the warranty s rights and obligations . Fully transfer to each successor owner of the Home, that transfer is effective only if the House is sold during the Warranty Term. If the House is sold outside the Warranty Term , the successor owner is not entitled to any of the warranty s rights.

Grp., Inc., 271 S.W.3d 263, 267 (Tex. 2008) (orig. proceeding) . A party s status as a third-party beneficiary depends solely on the contracting parties intent. First Bank v. Brumitt, 519 S.W.3d 95, 102 (Tex. 2017). Specifically, a person seeking to establish third- party-beneficiary status must demonstrate that the contracting parties intended to secure a benefit to that third party and entered into the contract directly for the third party s benefit. Id. (quoting Stine v. Stewart, 80 S.W.3d 586, 589 (Tex. 2002) ). The benefit must be more than incidental; the parties intent to confer a direct benefit to the third party must be clearly and fully spelled out in the agreement.

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Lennar requested that judgment be rendered in conformance with the award and asked that Big Tex and Xalt be joined in the action. Whiteley responded to Lennar s combined motion and filed a Motion to Vacate the Arbitration Award , asserting she and Lennar were not bound by a valid arbitration agreement. The special warranty deed s arbitration agreement is not a covenant running with the land.

We decline to hold that, by reasserting the issue in her motion to vacate and receiving a favorable ruling, Whiteley waived the issue for appellate review. Under direct benefits estoppel, a nonsignatory plaintiff seeking the benefits of a contract is estopped from simultaneously attempting to avoid the contract s burdens, including the obligation to arbitrate. In re Kellogg Brown & Root, 166 S.W.3d at 739; see also Ali v. Smith, 554 S.W.3d 755, 760 (Tex. App. Houston [14th Dist.] 2018, no pet.). When a claim depends on the contract s existence and cannot stand independently that is, the alleged liability arises solely from the contract or must be determined by reference to it equity prevents a person from avoiding the arbitration clause that was part of that agreement. But when the substance of the claim arises from general obligations imposed by state law, including statutes, torts and other common law duties or federal law, rather than from the contract, direct benefits estoppel does not apply, even if the claim refers to or relates to the contract. Leach Builders, LLC v. Sapphire V.P., LP, 458 S.W.3d 502, 528 (Tex. 2015).

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The single-family warranty was an attachment to the purchase and sale agreement between Lennar and Isaacson. It became effective as of the date Isaacson closed on the House and provided different warranty terms depending on whether issues arose from the House s workmanship, systems, or structural components. The single-family warranty also contains an arbitration agreement. The warranty provides that all of its rights and obligations, including the arbitration agreement, fully transfer to each successor owner of the Home.

An arbitration award, the party is not limited to challenging the denial of any application to vacate, modify, or correct the award ; he appealing party also may challenge any interlocutory order that merged into the trial court s final judgment ). Although the trial court s wording is not a model of clarity, we have been provided no evidence tending to suggest that it intended to grant relief that had not been requested. Therefore, because the vacatur of the arbitration award against Big Tex and Xalt was neither sought in Whiteley s motion nor explicitly granted by the trial court s March 7 order, we do not construe the order as granting this relief. A homebuyer purchased a house from Lennar Homes. Both the deed and the home’s warranty, which was attached to the purchase agreement, included an arbitration agreement. The original homebuyer later sold the home to Kara Whiteley.

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The court of appeals affirmed, holding that Whiteley was not bound by the arbitration provision in the deed. Lennar also argued that four other, independent reasons required Whiteley to arbitrate her claims. 3 The Hayslip court also noted that the issue was one of first impression with potentially wide-ranging effect and certified the question to the Florida Supreme Court, which has accepted jurisdiction and ordered full briefing. Valid agreement to arbitrate is premised on principles of Texas contract and real property law. Based on our analysis of Texas case law , we conclude the arbitration agreement at issue does not constitute a covenant that runs with the land as a matter of Texas law and Hayslip does not advance a compelling argument to the contrary. Back in the trial court, Lennar filed a combined Motion to Confirm Arbitration Award and Motion to Join Additional Parties.

The Court granted the petition for review and set oral argument for January 31, 2023. These examples are insufficient to bind Whiteley to the single-family warranty s arbitration provision under the theory of direct benefits estoppel. In her second amended petition, Whiteley asserted a Texas Deceptive Trade Practices claim that alleged Lennar reach an express or implied warranty. Whiteley asked Lennar to plant a tree on her property in December 2015 and April 2016.

Lennar answered the petition and filed an Application to Stay Proceedings Pending Arbitration . Responding to the application, Whiteley asserted she and Lennar were not bound by a valid arbitration agreement. The trial court granted Lennar s application to stay proceedings and the parties proceeded to arbitration. A third-party beneficiary may be compelled to arbitrate under an arbitration agreement.

Moreover, the provision also states that the warranty s rights and obligations were not guaranteed; instead, they could be released by the original owner or one of his successors. The Texas Supreme Court has stated that there is a presumption against conferring third-party-beneficiary status on noncontracting parties. V. Lomas, 223 S.W.3d 304, 306 (Tex. 2007) . Accordingly, he contract must include a clear and unequivocal expression of the contracting parties intent to directly benefit a third party, and any implied intent to create a third-party beneficiary is insufficient. First Bank, 519 S.W.3d at 103 (quoting Tawes v. Barnes, 340 S.W.3d 419, 425 (Tex. 2011)). Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements.

We review de novo whether an arbitration agreement is enforceable. Rachal v. Reitz, 403 S.W.3d 840, 843 (Tex. 2013). Big Tex and Xalt were not parties to the underlying proceeding when Lennar sought to confirm the arbitration award.

It weighs as a negative factor for LCA approval filed by the company. We evaluate and grade every company based on a set of parameters that include aspects like USCIS approvals, denials, and others. Based on that we compute a score for each company and award them as a grade. The higher the score, the better the grade. This conveyance is made subject to, all and singular, the restrictions, mineral reservations, royalties, conditions, easements, and covenants, if any, applicable to and enforceable against the above-described property as reflected by the records of the County Clerk of the aforesaid County. That the rights of no one shall be concluded by a judgment rendered in a suit to which he was not a party.