Colorado Arbitration Agreement for Car Purchase

State:
Multi-State
Control #:
US-00416-1-3
Format:
Word; 
Rich Text
Instant download

Description

This arbitration agreement is executed contemporaneously with, and as an Inducement and consideration for, an Installment or sales contract for the purchase of a manufactured home. It provides that all claims or disputes arising out of or relating in any way to the sale, purchase, or occupancy of manufactured home resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. This Agreement is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. The parties waive any right to a court trial.
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FAQ

First, any valid arbitration agreement must reflect the conscious, mutual and free will of the parties to resort to arbitration and not to other means of dispute resolution, including State courts. The consent of both parties to submit their dispute to arbitration is the cornerstone of arbitration.

Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally

Arbitration is favored by the Federal Arbitration Act and similar state laws, and arbitration agreements, if properly drafted and administered, are enforceable under those laws. Arbitration agreements are governed primarily by contract law and the arbitrator must comply with the terms of the arbitration agreement.

Arbitration is a process whereby the dispute between the vehicle manufacturer and the consumer is resolved by a neutral third party, an arbitrator. In California, many manufacturers offer a California state-certified arbitration program.

The award is the decision of the arbitrator on the matters submitted to him or her under the arbitration agreement. If there is more than one arbitrator, the majority decision is binding.

An arbitration clause can be either binding or nonbinding. A binding arbitration clause means that the arbitrator's decision on a specific dispute will be final. The courts will enforce that decision, and neither party can appeal or fail to act according to the decision.

Arbitration is a process whereby the dispute between the vehicle manufacturer and the consumer is resolved by a neutral third party, an arbitrator. In California, many manufacturers offer a California state-certified arbitration program.

However, there may be times when you can get around an arbitration agreement. You can negotiate the contract from the start, before you agree to sign anything, to include provisions for: Who chooses the arbiters.

To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.

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Colorado Arbitration Agreement for Car Purchase