New York Arbitration Agreement for Cars

State:
Multi-State
Control #:
US-00416-1-2
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

Arbitration is a private hearing and can be speedy and economical. It may be binding or non-binding, as the parties decide at the start of the proceedings. At the arbitration hearings all parties give evidence, either written or through witnesses, to neutral decision makers called arbitrators.

Establishes the automobile sales protection act; provides for a 3 day cooling off period after the purchase of a used car bought at a dealership.

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.

The dealer can choose either to return any car traded-in by you at the time of the sale or lease of the used car (together with a refund of whatever moneys you paid), or, to include in your refund the wholesale value of the car when it was traded-in.

Pursuant to the New York Convention, which has been enacted as Chapter 2 of the Federal Arbitration Act, arbitral awards issued in any of the 144 countries that have ratified the treaty can be enforced in the United States.

Arbitration may be binding or non-binding. Most arbitrations held in the U.S. today are binding arbitrations. In a binding arbitration, the arbitrator's decision is final, binding, and enforceable in court, similar to a court judgment.

The arbitrator administers an oath or affirmation to each individual who testifies. Formal rules of evidence do not apply and each party is afforded a full and equal opportunity to present his or her case. Typically, a hearing lasts between one and two hours.

The dealer can choose either to return any car traded-in by you at the time of the sale or lease of the used car (together with a refund of whatever moneys you paid), or, to include in your refund the wholesale value of the car when it was traded-in.

By signing the contract, the consumer is agreeing to binding arbitration to settle any future dispute and also waiving the right to sue or appealeven if the dealership committed fraud.

Establishes the automobile sales protection act; provides for a 3 day cooling off period after the purchase of a used car bought at a dealership.

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New York Arbitration Agreement for Cars