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CIT GROUP/SALES FINANCING, INC. v. BRAY

No. COA99-1184.

539 S.E.2d 690 (2000)

The CIT GROUP/SALES FINANCING, INC., Plaintiff, v. Wade Leon BRAY, Defendant/Third Party Plaintiff, v. Palm Harbor Homes, Inc., d/b/a Palm Harbor Village; and Timberland Homes, Inc., d/b/a Magic Living Homes, Third-Party Defendants.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

Law Office of William D. Harazin, by William D. Harazin, Raleigh, for plaintiff-appellant, and Harris, Shields, Creech and Ward, P.A., by Bonnie J. Refinski-Knight, New Bern, for third-party defendants-appellants.

Nunalee & Nunalee, L.L.P., by Mary Margaret McEachern Nunalee, and Morgan & Maynard, PLLC, by Mallam J. Maynard, Wilmington, for defendant/third-party plaintiff-appellee.

TIMMONS-GOODSON, Judge.

This appeal involves the validity of a "General Arbitration Provision" purporting to have been executed contemporaneously with a "Consumer Credit Contract" between the purchaser and seller of a mobile home. On 7 November 1996, Wade Leon Bray (hereinafter, "Bray") entered into a contract with Timberland Homes, Inc., d/b/a Magic Living Homes (hereinafter, "Timberland"), whereby Timberland agreed to finance the purchase of a mobile home manufactured...

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