I suppose I should ask a lawyer, but...
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 |
I suppose I should ask a lawyer, but...
Pat wrote:
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 Yep, every time. But that usually means no sale... |
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? |
I suppose I should ask a lawyer, but...
On Fri, 31 Jul 2009 21:48:59 -0700 (PDT), Pat wrote:
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? The sales agreement can say anything that all parties to the agreement are OK with. I almost always make changes of some sort and have sometimes rewritten the entire agreement. |
I suppose I should ask a lawyer, but...
On Aug 1, 12:48*am, Pat wrote:
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 Thank you for the helpful replies. I decided I just wouldn't sign an arbitration agreement. Frankly it bugs me that I'd even be asked to but maybe it's just me. So now we'll see which they want more--a binding arbitration agreement or a sale. Coincidentally, the latest issue of CR says there's federal legislation pending to make it illegal to require it for consumer purchases. Thanks again. Pat |
I suppose I should ask a lawyer, but...
On Mon, 3 Aug 2009 18:17:49 -0700 (PDT), Pat wrote:
On Aug 1, 12:48*am, Pat wrote: 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 Thank you for the helpful replies. I decided I just wouldn't sign an arbitration agreement. Frankly it bugs me that I'd even be asked to but maybe it's just me. So now we'll see which they want more--a binding arbitration agreement or a sale. Coincidentally, the latest issue of CR says there's federal legislation pending to make it illegal to require it for consumer purchases. Thanks again. Pat Just to clarify things, an arbitration clause is not an unusual addition to a contract. In fact it is quite common. I can't comment on your contract but in cases I have been involved in the clause was inserted to provide a "first case" solution to problems. In other words, before one contacted the courts one must at least attempt to resolve the problem through arbitration. If that failed there was nothing that prevented one from taking the matter to the court. Having said that, a contract is simply an agreement between two, or more, parties to do something and all parties must agree on all portions of the agreement. If one party does not agree with a specific point in the agreement then that should be resolved prior to executing the agreement. If one party would insist on a contract being signed regardless of the non-agreement of one of the parties then it must be a "deal breaker". cheers, Bruce in Bangkok (bruceinbangkokatgmaildotcom) |
I suppose I should ask a lawyer, but...
On Aug 3, 10:16*pm, Bruce in Bangkok
wrote: On Mon, 3 Aug 2009 18:17:49 -0700 (PDT), Pat wrote: On Aug 1, 12:48*am, Pat wrote: 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 Thank you for the helpful replies. I decided I just wouldn't sign an arbitration agreement. Frankly it bugs me that I'd even be asked to but maybe it's just me. So now we'll see which they want more--a binding arbitration agreement or a sale. Coincidentally, the latest issue of CR says there's federal legislation pending to make it illegal to require it for consumer purchases. Thanks again. Pat Just to clarify things, an arbitration clause is not an unusual addition to a contract. In fact it is quite common. I can't comment on your contract but in cases I have been involved in the clause was inserted to provide a "first case" solution to problems. In other words, before one contacted the courts one must at least attempt to resolve the problem through arbitration. If that failed there was nothing that prevented one from taking the matter to the court. Having said that, a contract is simply an agreement between two, or more, *parties to do something and all parties must agree on all portions of the agreement. If one party does not agree with a specific point in the agreement then that should be resolved prior to executing the agreement. If one party would insist on a contract being signed regardless of the non-agreement of one of the parties then it must be a "deal breaker". cheers, Bruce in Bangkok (bruceinbangkokatgmaildotcom)- Hide quoted text - - Show quoted text - Thanks for that explanation, Bruce. It makes perfect sense that it would work that way--I'm always surprised when legal questions have logical answers but most of them seem to. But, the guy nixed my offer, so we'll never know how it would have played out. John |
I suppose I should ask a lawyer, but...
On Tue, 04 Aug 2009 09:16:12 +0700, Bruce in Bull****
dribbled: Just to clarify things, megalomaniac rantings flushed away cheers, Bruce in Deep**** (goebbelsinbangkokatwaffenss.siegheil) WelKome back, Brucie! All your usenet fans were sadly disappointed, you had stop posting for nearly half a month here (rcb)! Everybody thought your last dive from the marina's bar in the Bangkok dock had been fatal. Fortunately for theThai neoNazis, ur present masters, their senile white trash is still alive. BTW like GSS - ur SCT's sock puppet - squealed, we know that "English as spoken in England is no longer the only valid version of the language" but I must tell u that only uneducated illiterate buffoons write *erronious* instead of *erroneous*. And keep on posting ur racialist crap against the French! Your Amigo, Mort, the Frogman with explosives. "Make the lie big, make it simple, keep saying it and eventually they will believe it." motto of Bruce, the Brown-eyed Mullet |
I suppose I should ask a lawyer, but...
On Fri, 07 Aug 2009 09:00:13 +0700, Gross Senile Schwein
dribbled: On Thu, 06 Aug 2009 21:02:14 GMT, (Magnus) wrote: Your Amigo, Mort, the Frogman with explosives. "Make the lie big, make it simple, keep saying it and eventually they will believe it." motto of Bruce, the Brown-eyed Mullet Hey there Frog. Why is you are so quick to copy Larb? Here you are jabbering away about "Brown Eyed Mullets", but only AFTER the indomitable Larb first used the term. Your repetitive lies are pitiful, Bruce And everybody knows that Lambgay is only your sock puppet. Frogs are copy cats? By the way, you never did tell us why you stopped using the pseudonym "Deckard"? Is it because someone pointed out that on the first page of the book, Do Androids Dream of Electric Sheep, by Philip K. Dick, that Deckard, the Blade Runner, is bemoaning the death of his pet sheep that he replaced with the purchase of an "electric sheep" while at the same time musing on his unfulfilling marriage. I'm sure that you aren't too stupid to understand the symbolism and surely you do know that the character Deckard originated in a book..... not a movie? An Electric Sheep? Hot damn, almost as good as a blow-up doll. No wonder that you wanted to keep it a secret. Yawn! You wanna tell us that you cant watch any movie in your Bangkok dock or that u only understand the Rambo's films? Troll-killer Mort "Make the lie big, make it simple, keep saying it and eventually they will believe it." motto of the Brown-eyed Mullet stuck at a Bangkok dock Cheers, Good soldier (goodsoldierschweikatgmaildotcom) |
I suppose I should ask a lawyer, but...
On Aug 8, 8:52*am, (Magnus) wrote:
And everybody knows that Lambgay is only your sock puppet. Troll-killer Mort ******Which is far more desirable than your own choice, the "Dope from Dublin". A real class act you got Mullet. ROTFLMAO |
I suppose I should ask a lawyer, but...
On Sun, 09 Aug 2009 18:04:00 +0700, Good Soldier Schweik
dribbled: On Sat, 08 Aug 2009 18:09:19 GMT, (Magnus) wrote: AntiNazi Mort "I don't live on a boat. I actually live in a house in Bangkok and keep my two yachts (a 40 ft. sloop and a 35 ft. power boat) in Phuket. We spend approximately half our time on the boats and the other half in the city. We also keep two cars, one in Bangkok and the other in Phuket (taxis are horrendously expensive in Phuket). Neither boat is "worn out" and my investments have allowed me to live comfortably since I retired, some 17 years ago. So you are telling me that I don't live in Bangkok? What utter bull****, I've resided here for 30 years. Where did you read that I wrote you don't live in Bangkok? Even Wilbur, one of your 'many friends', said you've been stuck at a Bangkok dock for THIRTY years. I just quoted a pompous fartbag that boasts on rcb about things that nobody gives a hoot. And his name is Bruce Paige, not GSS.. Please, remember you squealed you did know him ROFTL You are obviously more stupid then I had thought. Like someone had declared here, coming from a cretin like you, it's a compliment! Cheers, Good soldier (goodsoldierschweikatgmaildotcom) Troll-killer Mort "I have a 40 ft. sail boat and we (wife & I) live aboard in S. Thailand for about half the time" by The Fartbag in Bangkok, on rec.crafts.metalworking, 05 Nov 2008 |
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