In D. S. Ameri Constr. Corp. v. Simpson, 271 Ga. App. 825, 826 (611 SE2d 103) (2005), defendants agreed to construct a home and sell it to plaintiffs. Id. at 825. Alleging defects in construction, plaintiffs sought rescission of the contract, based on fraud in the inducement. Id. There, in opposing defendant's motion to compel arbitration, plaintiffs did not argue that the arbitration clause itself was invalid or that they had been fraudulently induced to enter into the agreement to arbitrate; instead, they argued that the arbitration clause would be rendered void by a rescission of the contract, and therefore that the issue of rescission should not be submitted to an arbitrator. Id. at 826. Citing OCGA 9-9-3, the Court reversed the trial court's denial of the defendants' motion to compel arbitration. Id. at 827.