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
WyoTraveler wrote:
If it was a clause in the contract and you agreed on everything else just draw a line through it, ask them to initial and date. You initial and date. If they say no just get up and walk. If they are so dishonest they won't scratch the clause the right thing to do is walk.
This is a good idea and you are correct that this will take care of the issue, But no one is allowed to modify those contracts, certainly not a Salesman or the Sales Manager. They will let you walk as will every other dealer.
I also believe that you can fight binding arbitration clauses if you have a good case or if you can give prima facie proof that the dealer broke the contract.
My understanding is that so called "Binding" arbitration clauses are not legal in all states, however in those cases "Arbitration" is called for. But all you have to do in those cases is refuse the offer and simply state your intention to go to court. This I have done and won.
Thirdly if you can show that the party doing the arbitration is not completely independent of the dealership or its interests or is any way a creature of the Dealers Association you can get that clause struck by the court and pursue your case.
This is not a black or white issue that always works against you.
