Dealership's Finance Manager Had Duty to Inform Buyer of Inconspicuous Arbitration Clause in Purchase Agreement Due to False Impression that Buyer's Signature Was Only to Verify Information

The buyer and a dealership signed a purchase agreement containing a dispute resolution clause ("DRC"). The DRC, in the middle of the purchase agreement, was the only provision in red ink, was in a smaller font and called for the buyer to pay one-half of the arbitrator's fee. The heading "Dispute Resolution Clause" was in all capital letters. The buyer left the dealership with the purchased truck and left his trade-in at the dealership....
By: Hudson Cook, LLP

Array