Where to Buy a truck without Binding Aributration
having recently lost big time, I'm looking to buy my next truck where binding arbitration is not required. Anyone know any state, etc., where such is not required? In particular Nissan dealers.
Forum Discussion
This topic is laden with a bunch of horsefeathers.
It's pretty simple: to buy a car, receive a credit card, undertake an innumerable number of other commercial activities, one must accept binding arbitration.
Don't want to accept it? Fine. Go buy a used car from a private party.
...but don't assert that binding arbitration is "breaking the law" or "giving up your rights".....by signing that sales agreement, the purchase AGREED to binding arbitration. If the purchaser didn't read the fine print, how is that characterized as "giving up your rights"?
All of that being said, when I was active in the game, we always recommended that commercial contracts use mediation followed by litigation as the dispute resolution mechanism. Arbitration is a bit of the worst of both worlds: lacking many of the procedural protections and settled law aspects of litigation while having expense and time costs far in excess of informal dispute resolution.
It's pretty simple: to buy a car, receive a credit card, undertake an innumerable number of other commercial activities, one must accept binding arbitration.
Don't want to accept it? Fine. Go buy a used car from a private party.
...but don't assert that binding arbitration is "breaking the law" or "giving up your rights".....by signing that sales agreement, the purchase AGREED to binding arbitration. If the purchaser didn't read the fine print, how is that characterized as "giving up your rights"?
All of that being said, when I was active in the game, we always recommended that commercial contracts use mediation followed by litigation as the dispute resolution mechanism. Arbitration is a bit of the worst of both worlds: lacking many of the procedural protections and settled law aspects of litigation while having expense and time costs far in excess of informal dispute resolution.
