When purchasing a new car, your contract may include a mandatory binding arbitration clause stating you agree to resolve any disputes through arbitration rather than the court. Many auto finance contracts contain mandatory binding arbitration clauses.
By signing a contract with a mandatory binding arbitration provision, the dealer or lender can seek to resolve any disputes about the contract with an arbitrator, who is usually chosen by the dealer or lender. The arbitrator decides the dispute instead of a court.
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 takes the place of a trial before a judge or jury.
Arbitration is another route to settlement, but unlike the two options discussed above, where resolution is voluntary, it is typically binding. Arbitration is a private court. Like mediation, the parties must voluntarily agree to enter into arbitration; you cannot be forced into arbitration.
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.
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.
The lemon law covers your used car only if: The car has fewer than 100,000 miles on it. The defective part is specifically covered under the law (see list on this page). The law does not cover many parts, such as battery, body, tires, and many others.