In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
In Florida, arbitration agreements are governed by both state and federal laws. The Federal Arbitration Act (FAA) applies to interstate commerce contracts, while Florida's Arbitration Code outlines the rules for agreements not subject to the FAA.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
In order to request an arbitration hearing before the Florida New Motor Vehicle Arbitration Board, you must complete the Request for Arbitration form and send it, along with copies of all documents requested in the form, to the Office of the Attorney General, Lemon Law Arbitration Screening, PL-01, The Capitol, ...
What is an arbitration agreement? It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart.
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
Arbitration is a contract-based form of binding dispute resolution. In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the “arbitration agreement”) between them and the other parties to the dispute that the dispute may be referred to arbitration.
If the dealer breached the contract or misrepresented the condition of the vehicle, then you can take legal action. If you signed a binding arbitration agreement, then you must first try to resolve this with the arbitration.