Issue link: https://read.dmtmag.com/i/231807
ment and find it to be valid and enforceable with the exception of circumstances where the challenging party could establish "grounds as exist at law or in equity for the revocation of any contract". Federal law favors the enforceability of arbitration agreements even where such an agreement is arguably in conflict with State law. The nation's highest Court found that a party to an arbitration agreement has the right to contest the enforceability of the terms of that contract on the same grounds as they would have the right to contest the enforceability of any other contract. However, simply because the contract provides for arbitration does not set a higher standard for determining that such a provision is enforceable. In those events, the FAA controls and will preempt State law. Conclusion The takeaway for owners and managers who may seek to draft or enforce binding arbitration provisions is that those arbitration provisions should initially comport with the Federal Arbitration Act. Every owner or manager who seeks to draft or enforce a binding arbitration provision in their agreements should consider specifically referencing the FAA and its enforcement rules so as to preclude the application of State law that could undermine the enforceability of such a provision. Always remember that the procedures, terms and conditions of the arbitration provision should be reasonably fair to all parties to that arbitration agreement, avoiding unreasonable economic or procedural burdens on one party versus the other. Finally, an arbitration provision must be free from circumstances that suggest that the arbi- tration provision was entered into via fraud, duress or material mistake of fact. While Federal law favors the enforcement of written binding arbitration agreements, such provisions will be enforceable by the trial court only in the absence of unconscionable circumstances resulting from procedural or objective unfairness. T J Bill Hart is the managing partner of Southern California law firm, Hart King, which has a specialized practice in manufactured housing law. He can be reached at (714) 432-8700 or whart@hartkinglaw.com. Industry Mourns Loss of Edward Roemer Edward D. Roemer, 85, of 2471 Roemer Rd., Ashville, NY died Wednesday Dec. 4, 2013 in his home.A resident of Chautauqua County since coming to the United States in 1956, he was born Oct. 13, 1928 in Feldorf, State of Transylvania, Romania, the son of Daniel and Sara Platz Roemer. He served in the German military during World War II. He was the founder and president of R-CO Products Corp. where he had been actively working until his health began to decline recently. In earlier years he had been a cabinet maker and had built over sixty houses in the area. An exceptionally hard worker, he was a perfectionist who valued old country skills and traditions. He loved animals of all kinds, was an avid bowler, and had sponsored many bowling teams over the years. He had been a member of the German Club. Surviving are his wife, Erika M. Kessler Roemer, whom he married March 3, 1956; three children: Edward (Mary Lou Bean) Roemer, Jr. and Katy M. (Randall) Lord, both of Ashville, and Cynthia M. (Donald) Cantwell of East Meredith, N.Y.; five grandchildren: Karen Roemer of Jamestown, Sabrina and Benjamin (Jessica) Lord, both of Ashville, Jenna Cantwell of San Antonio, Tex., and Robert Cantwell of E. Meredith, N.Y.; four great grandchildren: Kloe Samick, Emma and Zofia Lord, and Connor Roemer. He was preceded in death by three brothers: Daniel, Stefan, and George Roemer; and by a sister, Sara Godschling. The funeral was at Powers, Present & Sixbey Funeral Home. The Rev. Piotr Zaczynski, pastor of Sacred Heart Catholic Church officiated. Burial will be in Maple Grove Cemetery in Ashville. To send a message to the family or to light a candle in memory, visit www.presentsixbeyfuneral.com.The family suggests that memorials may be made to Hospice Chautauqua County, 20 W. Fairmount Ave., Lakewood, N.Y. 14750. 7 YEARS WARRANTY COVERAGE "The Perfect Addition For Your Home Sales" Most Competitive & Comprehensive Program in the Manufactured Home Industry Coverage Available For: Manufactured / Modular / Park Model Homes ➢ Up to 7 Years Structure Coverage ➢ 7 Years Systems (Heating, A/C, Plumbing & Electrical) ➢ 7 Years Appliance Coverage ➢ Component Only Coverage ➢ Coverage Available for New & Pre-Owned Homes ➢ FHA/VA/HUD Coverage Offered ➢ Renewable Coverage Available HomeCarePlus A Complete Package Designed for Today's Homes Welcoming Former American Modern Manufacturer's, Lenders, Communities & Dealers For More Information Contact: Diversified Profits, Inc. (800) 851-3738 Office 651-458-2905 Fax E-Mail: diversifiedprofits@comcast.net No. 12 on Get It Quick Page JANUARY 2014 23 THE JOURNAL