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Toyota Dealer Wins Bid To Arbitrate Customer's Fraud Claims

Discussion in '3rd Gen. Tacomas (2016-2023)' started by EdFlecko, Jul 14, 2020.

  1. Jul 14, 2020 at 7:53 AM
    #1
    EdFlecko

    EdFlecko [OP] Well-Known Member

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    Ed
    Sacramento, California
    If you've never been involved in any form of litigation, arbitration, etc., this is a quick read.

    https://www.law360.com/retail/artic...wins-bid-to-arbitrate-customer-s-fraud-claims

    The article points out several things, but perhaps the most important lesson, IMHO, deals with arbitration. When you sign your contract to purchase your truck, you're forced to arbitrate (unless your Dealer's purchase contract doesn't have this language, which is unlikely) and you, in the process, forfeit your right to sue.

    Some people like "arbitration clauses" in contracts and some people do not. Arbitration, as opposed to litigation, is faster, cheaper, more private (you're not "airing your laundry" in a courtroom), etc. Whether you perceive it as a positive or negative, in almost ALL cases, the arbitration decision is FINAL. There is no "appeal" if you don't like the outcome, in 99.9% of cases. To have the results of arbitration overturned is almost unheard of. Some contracts (most notably, some contracts to purchase Real Property) have an "optional" Arbitration of Disputes clause. Both parties can sign the clauses (and thereby be forced to arbitrate if there are ever any future disputes), or not sign the clauses...and keep the option open to sue each other.

    News at 11:00.

    :)

    Ed
     
  2. Jul 14, 2020 at 7:54 AM
    #2
    BkerChuck

    BkerChuck Well-Known Member

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    Can't read full article.
     
    shakerhood likes this.
  3. Jul 14, 2020 at 8:43 AM
    #3
    Doobfucious

    Doobfucious I get it. It ain't makin' me laugh but I get it.

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    Doobie
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    Stock AF. My 68 Bronco and 2000 2.5RS get the mods.
    When I bought mine it was "no arbitration, no truck"

    +1, can't see full article. Help, please? I'm very interested.
     
  4. Jul 14, 2020 at 9:06 AM
    #4
    EdFlecko

    EdFlecko [OP] Well-Known Member

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    Take a look at this: https://bit.ly/32iIVZN

    The last paragraph says it all, ..."In summary, we hold that the arbitration provisions plaintiff signed in the Retail Order and the Installment Contract are valid and enforceable."...

    Ed
     

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