Lack of Waiver Language Voids Car Dealer's Service Contract Arbitration Agreement, Says NJ Appeals Court
"The absence of any language in the arbitration agreement constituting a waiver of plaintiff's statutory rights is fatal to its enforceability as to the claims against defendants which primarily assert violations of consumer protection statutes," the court said.
November 06, 2023 at 12:23 PM
4 minute read
Credit: Bacho Foto/stock.adobe.com The Appellate Division upheld a trial court's denial of a car dealer's motion to dismiss a complaint and compel arbitration, finding instead that while an agreement to arbitrate existed on the service contract, it did not apply to the purchase contract.
Julia Nawrocki bought a used Ram 1500 truck from J&J, trading as Auto Concepts, in September 2022. The company is owned by Michael Gallo, and Nawrocki's salesperson was Joe Garro, both of whom were also named as defendants in her suit. Nawrocki signed a buyer's order, a buyer's guide, and a service contract on purchase of the truck, according to the opinion.
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