Sarasota, FL asked in Elder Law and Consumer Law for Florida

Q: In a proposal for a new roof purchase for my home I see a clause stating I agree to give up my right to trial by jury.

Concerning my roof purchase would a trial by jury be preferable to going in front of one educated person , The Judge?

I'm assuming if I won't agree to this obnoxious request they won't sell me a new roof. Is this even legal ?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar

A: A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, contracts do contain clauses that dictate how disputes will be resolved. Some of these stipulate that arbitration will be used as a forum instead of civil court. I'm not certain if your clause is dictating that you waive trial for arbitration, or jury trial for bench trial. I can't speak for Florida law, but as a general matter in contract law nationwide, arbitration clauses are upheld. The best way to be certain here would be to review your contract with a Florida attorney, where you could be advised of the full ramifications of what you might be waiving under Florida law by agreeing to that clause. Good luck

Tim Akpinar

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