Legal Question in Business Law in Georgia

I was curious why you have not pursued the remedy in you contract (and chose not to mention it). By the words of your contract it is your sole remedy. Is there some reason you did not pursue it? (I'm familiar with it because I answered a similar question recently). I should mention that the remedy is so ridiculous that no one who reads the contract before buying a Choice plan would buy one, but it is your remedy.

I should also add that most home warranty companies are horrible deals and a waste of money. Many have horrendous reputations. Yours, Choice, has such a horrific reputation that no one who spent 5 minutes researching them would purchase from them (try the words Choice Home Warranty Complaint in Google). You will find a large number of similar complaints at http://www.complaintsboard.com/bycompany/choice-home-warranty-a96136.html . You may wish to add your complaint there.

================

From your contract:

In the event of a dispute over claims or coverage You agree to file a written claim with Choice Home Warranty and allow CHW thirty (30) calendar days to respond to the claim. The parties agree to mediate in good faith before resorting to mandatory arbitration in the State of New Jersey.

Except where prohibited, if a dispute arises from or relates to this Agreement or its breach, and if the dispute cannot be settled through direct discussions you agree that:

1. Any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action.

2. Any and all disputes, claims and causes of action arising out of or connected with this Agreement (including but not limited to whether a particular dispute is arbitrable hereunder) shall be resolved exclusively by the American Arbitration Association in the state of New Jersey under its Commercial Mediation Rules. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability.

3. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1500 per claim, but in no event attorneys' fees.

4. Under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.