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Edgar Edgar is offline
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First recorded activity by BoatBanter: Jul 2006
Posts: 741
Default I suppose I should ask a lawyer, but...


"Pat" wrote in message
...
Anybody ever bought a brokered boat and refused to sign an arbitration
agreement in the sales contract?
Some if not all seem to put it into their contracts. With it, you give
away your right to seek recourse in court--though your're making a
very substantial purchase. Instead you have to agree to arbitration by
the American Arbitration Association, a company that the broker
contracts with to settle disputes--and who's apparently been in some
trouble recently over alleged bias.
I don't mean to be asking for legal advice here, but do others share
my misgivings about this? Or am I worring too much about a
technicality? Anybody ever refuse to sign that part of a purchase
agreement?
Pat


It must depend on the wording of the clause. You should be able to agree
a clause that says you will endeavour in the first instance to resolve
disputes by arbitration by a named individual or organisation.
But you do not have to sign up to a clause saying that the arbitrators
decision is final. That leaves you free to settle in court if you want to
take things further.
Don't know anything about the American Arbitration Association but surely in
USA the parties to an agreement are able to nominate anyone they both agree
on to arbitrate any disputes?