Ask SAM: Arbitration clauses in car sales

July 7th, 2021 by admin

Question: I recently tried to buy a car and during the closing paperwork was given an “Agreement to Arbitrate Disputes” that I found too restrictive and would not agree to sign. I was told this was required with all auto sales and they would not sell me a car unless it was signed. I walked away, and thought I could find another dealership that would not require this, but after multiple phone calls I have yet to find a car dealership that does not require it. Can you help? ~ M.K.

Answer: For an answer on this, we turned to local attorney Mike Wells, who writes a column on legal matters for the Journal. Here was his response:

Arbitration clauses in consumer contracts are pretty standard these days after some fairly recent rulings by a number of federal and state appellate courts. For many years, such arbitration clauses were viewed as overreaching. But with the growing costs of litigation many businesses have sought a venue with more predictable results that avoid the courts, which also often have backlogs. All of these factors likely enter into judge’s opinions that mandatory arbitration is a more acceptable venue for all parties.

Click here to read the full article at the Winston-Salem Journal.

Posted in: Ask SAM

This publication is intended as a forum for general information about the law and other topics of interest to the authors and its readers but is not intended to provide specific legal advice or opinion, or to establish an attorney-client relationship. The author's statements are not attributable to Wells Law, PLLC and may fail to represent the law or other topics of interest precisely or broadly.