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Arbitration Agreements - What Do They Mean?
15 messages, Last post on Sep 08, 2007 at 8:02 AM
You are in the Smart Shopper Forum.- Your Host is kirstie_h
What is this discussion about? Car Buying
#1 of 15 Arbitration Agreements - What Do They Mean? by kirstie_h HOST
Dec 21, 2006 (11:11 am)
Talk about 'em here.
- alt2006 (Dec 21, 2006 9:17 pm)
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#2 of 15 Re: Arbitration Agreements - What Do They Mean? [kirstie_h] by alt2006
Dec 21, 2006 (9:17 pm)
Replying to: kirstie_h (Dec 21, 2006 11:11 am)
coincidence?? I just returned from dealership after signing a arbitration agreement. Though they refused to sell me the car without the agreement, the fineprint seemed reasonable to me. It says I have to waive my right to be part of any class action, cannot file any class action, can select my own arbitrator etc. I've searched through the forums and there are mixed opinions.
Cheers
- cccompson (Dec 23, 2006 9:14 am)
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#3 of 15 Usually... by kyfdx HOST
Dec 21, 2006 (9:23 pm)
Dealers that require arbitration agreements won't ever waive them.. It is either sign, or buy your car somewhere else...If every dealer in town requires it.. you don't really have much of a choice..
I think that stinks... but, there you go..
#4 of 15 Re: Usually... [kyfdx] by tidester
Dec 21, 2006 (11:26 pm)
Replying to: kyfdx (Dec 21, 2006 9:23 pm)
If every dealer in town requires it.. you don't really have much of a choice.. So then you're signing under duress? Sounds like a loophole to me.
tidester, host
- kyfdx (Dec 22, 2006 9:25 pm)
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#5 of 15 Re: Usually... [kyfdx] by kirstie_h HOST
Dec 22, 2006 (10:43 am)
Replying to: kyfdx (Dec 21, 2006 9:23 pm)
And given that you cannot sign away your right to sue, it is exactly what it is - an agreement, rather than a contract. The fact that you signed it can be held against you, but it in no way invalidates your right to civil remedy.
- kyfdx (Dec 22, 2006 9:26 pm)
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#6 of 15 Re: Usually... [tidester] by kyfdx HOST
Dec 22, 2006 (9:25 pm)
Replying to: tidester (Dec 21, 2006 11:26 pm)
I don't think that qualifies as duress.. No one is making you buy the car... If they require you to sign one to use the bathroom... that might be a different matter..
- tidester (Dec 23, 2006 12:21 am)
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#7 of 15 Re: Usually... [kirstie_h] by kyfdx HOST
Dec 22, 2006 (9:26 pm)
Replying to: kirstie_h (Dec 22, 2006 10:43 am)
True... You can always sue... no matter what you have signed... However, your signature on that agreement may cause your claim to be denied.
#8 of 15 Re: Usually... [kyfdx] by tidester
Dec 23, 2006 (12:21 am)
Replying to: kyfdx (Dec 22, 2006 9:25 pm)
No one is making you buy the car... Yes, but if your only alternatives are buying from a dealer 400 miles away or walking to work it may be duress ... or conspiratorial business practices!
tidester, host
#9 of 15 Re: Arbitration Agreements - What Do They Mean? [alt2006] by cccompson
Dec 23, 2006 (9:14 am)
Replying to: alt2006 (Dec 21, 2006 9:17 pm)
Whether such clauses can be enforced is highly case specific. Whenever I see language that I don't like in a "standard" contract, I just line it out. Never have had anybody thereafter refuse to conclude the transaction.
#10 of 15 So did I mess up badly by signing one? by recentbuyer1
Dec 24, 2006 (1:57 pm)
I have researched these agreements but find so little about them! I nailed down every other aspect of our recent car purchase, from avoiding mop & glo to refusing outrageous doc fees. But then, during the paper signing, the dealer produced an arbitration agreement; I signed it with some trepidation, and in my follow-up research I've found opinions ranging from "never sign one" to those saying they're pretty much standard in some areas.In rereading the one that I signed, it looks like some of the most insidious parts have been left out...but I still have a vague sense of discomfort. The dealer was straightforward in all other aspects of the transaction, but my post-sale research has me a bit scared.
Next time I shop for a vehicle (probably in a year or so), I was planning to include "I will not sign an arbitration agreement" in my offer email, along with the other conditions that I included this time...but would that discourage dealers from responding? How do I find out if it really is pretty much standard here? I thought about calling some dealers, but I imagine they will say "Yes, it's standard" vs. giving me the idea that I can easily opt out.
- pch101 (Dec 24, 2006 2:23 pm)
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