In the event an arbitration provision is included in a contract or agreement covered by this title, it shall not preclude or limit any right of action for bodily injury or wrongful death, or any right of action to which Section 337.1 or 337.15 is applicable.
§ 1298.7.Rights of Action Not Precluded By Contract Provision Or Agreement to Arbitrate
Title 9.4. Real Estate Contract Arbitration · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1298.7 provides that an arbitration clause covered by this title cannot cut off or limit a right of action for bodily injury or wrongful death, or a right of action under the construction defect limitations statutes.
Full Text of § 1298.7
Plain-English Summary
Some disputes are too serious to be swept into a real estate contract's arbitration clause by default, and this section marks the boundary. Even where a contract or agreement covered by this title includes a provision for binding arbitration, that provision cannot preclude or limit a right of action for bodily injury or wrongful death.
The same protection extends to claims governed by the statutes of limitations for patent and latent construction defects. Those claims keep their independent footing regardless of what a real estate contract's arbitration clause says, so a party injured on the property, or a party pursuing a construction defect claim within those statutory windows, is not forced into arbitration by this title's own formatting and consent rules.
Frequently Asked Questions
Can a real estate arbitration clause cover a bodily injury or wrongful death claim?
No. Section 1298.7 provides that such a clause cannot preclude or limit a right of action for bodily injury or wrongful death.
What other claims does this section protect from being limited by an arbitration clause?
Claims governed by the construction defect limitations statutes, Sections 337.1 and 337.15.
Does this mean parties can never agree to arbitrate these claims?
Section 1298.7 only bars this title's arbitration provision from precluding or limiting those rights of action; it does not itself forbid a separate agreement to arbitrate them.
Amendment History
Added by Stats. 1988, Ch. 881, Sec. 1. Operative July 1, 1989, by Section 1298.8.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: bodily injury claim real estate arbitrationconstruction defect statute of limitations arbitration