Q: Exemptions to arbitration clauses
I am fairly certain I am a vicctim of auto sales fraud, there's plenty of details but basically the odometer number was changed from my purchase agreement (133k) to 113k on my buyer's order. The VIN also does not match the class car I thought I bought (was supposed to be sports edition, but it is not.)
I didn't realize/was never told I signed an arbitration provision that states:
Either you or we may choose to have any dispute between us decided by arbritration and not in court by jury trial.
If a dispute is arbritrated, you will give up your way to participate in a class representative or class member on any class claim you may have against us including any right to a class arbritration or any consolidation of individual arbritrations.
Discovery and rights to appeal an arbritration are generally more limited than in a lawsuit, and other rights that you have and would have in court may not be available to you
Is there any way to get out of this and start a lawsuit?
A:
Most consumer contracts these days contain an arbitration clause. Usually it is hidden in the fine print. You could try filing a . expensive and faster to get a hearing. The bad news is that if you sue in SC Court and lose, your case is done. Whereas, if you win, the defendant has a right to appeal the decision to a higher Court (Trial de novo in Superior Court).
I have no read the contract, and it appears to be a Florida matter, so I cannot give you more details, as each state has different rules for its Courts.
A: I don’t practice in Florida. In my experience with arbitration clauses in general, I have found them to be binding. I see them in employment contracts, medical bills, car sales contracts, real estate contracts, and consumer goods paperwork. You could consult with a Florida attorney and ask if there are grounds for litigation in lieu of arbitration here, based on the contract and underlying transaction.
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