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Arbitration – Unsigned Contract – Acceptance by Actions – Senior Living Facility

Arbitration – Unsigned Contract – Acceptance by Actions – Senior Living Facility

Plaintiff’s attorney-in-fact signed a “Resident Agreement” before plaintiff moved in to defendants’ senior living facility. The Resident Agreement includes an arbitration clause. Although no one signed the Resident Agreement on behalf of defendants, defendants accepted the contract by accepting plaintiff as a resident, performing obligations under the Resident Agreement and accepting fees from plaintiff. Both parties accepted the Resident Agreement and are bound by its arbitration provision.

We reverse the trial court’s denial of defendants’ motion to compel arbitration. Remanded with instructions to stay the proceedings and compel arbitration.

Where plaintiff alleges that she was injured by another resident at defendants’ facility, her claim concerns her residency at defendants’ facility and falls within the scope of the arbitration clause.

Gunter v. Thrive Senior Living, LLC (Lawyers Weekly No. 012-394-22, 6 pp.) (Chris Dillon, J.) Appealed from Mecklenburg County Superior Court (Casey Viser, J.) Chad McGowan and Jordan Calloway for plaintiff; Erin McNeil Young, Laura Anne Gregory and Briana Kelly for defendants. 2022-NCCOA-637

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