Utah Arbitration Agreement for Car Purchase

State:
Multi-State
Control #:
US-00416-1-3
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

Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally

Both provisions similarly state that 2026an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract2026. They go further to provide that a decision that the contract is invalid shall not invalidate the arbitration clause.

You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.

If you purchased something as a result of someone contacting you, and not when you went into a store, then you have a three day right to rescind under Utah law.

The Act states the car must be of a satisfactory quality, fit for purpose and as described. (For a used car, satisfactory quality takes into account the car's age and mileage.) You have a right to reject something faulty and you're entitled to a full refund within 30 days of purchase in most cases.

Utah Arbitration Law. Under the Utah Arbitration Act, a written agreement to arbitrate an existing or future controversy arising between the parties to an agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. Utah Code Ann.

You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.

Utah law has a 3 day right of return provision but it does not apply to motor vehicles. Your return policy must be included on the Contract of Sale and/or posted in the dealership even if you don't allow any vehicle to be returned. Be sure all conditions and warranties are consistent with your other disclosures.

To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.

An arbitration clause can be either binding or nonbinding. A binding arbitration clause means that the arbitrator's decision on a specific dispute will be final. The courts will enforce that decision, and neither party can appeal or fail to act according to the decision.

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Utah Arbitration Agreement for Car Purchase