Wisniewski v. Marek Builders, Inc.

Summary

The Ohio Eighth District Court of Appeals reversed and remanded an order staying a contractual dispute and compelling arbitration. The court held that the Ohio Home Solicitation Sales Act applied to the parties’ home addition and remodeling contract, which lacked the required cancellation notice, and that the plaintiff had cancelled the contract under the Act. The court concluded that the statutory cancellation rendered the arbitration provision unenforceable under the circumstances.

Holdings

1. The Ohio Home Solicitation Sales Act applied because the transaction involved consumer goods or services solicited and contracted for at the buyer's residence, and home additions and remodeling fall within the statute's scope.
2. When a contract is rescinded pursuant to the Ohio Home Solicitation Sales Act, the arbitration provision contained in that contract may be revoked and is not enforceable to compel arbitration of the dispute.
3. The trial court erred by staying the action and compelling arbitration because Wisniewski had cancelled the contract under the Ohio Home Solicitation Sales Act, rendering the arbitration provision unenforceable.

Questions Presented

1. Whether the Ohio Home Solicitation Sales Act applied to the home addition and remodeling contract.
2. Whether Wisniewski's cancellation of the contract under the Ohio Home Solicitation Sales Act rendered the contract and its arbitration provision unenforceable.
3. Whether the trial court erred by staying the action and compelling arbitration.

Disposition

reversed_and_remanded