Consumer Protection Law
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There is an old rule of law known as "the Scrivener's Rule" which applies in all states and is based on common law, not statutes, which states that any part of an agreement/contract which is ambiguous will be interpreted against the drafter.
What this means is that if you offer a reasonable interpretation of the contract then the court is bound to accept that interpretation even if the other side offers an interpretation that is more reasonable.
aha, i had heard of that term (i deal with easements all day) but didn't realize the import. so, have had a look at the document in question?
you mean if i offer a reasonable interpretation based on an obvious ambiguity in the contract language, it's going to be read against the drafter?
I have read through the contract language on the other question and I agree that it is conflicting in parts and both appears to require arbitration while allowing the dealer not to go to arbitration if it chooses to repo, etc.
obvious ambiguity or, apparently in this case, an outright contradiction
Yes, it is an outright contradiction, particularly the section about small claims court and self help.
And it is a contradiction that can't be resolved.
yes, indeed, it seems to be there to allow a loophole for the dealer to use repo, but uses "You AND we retain the rights" so lets the buyer through the loophole as well?
There is either mandatory arbitration or there isn't.
I think that is a reasonable interpretation.
Under that agreement you can go to small claims court.
So I take it you would confirm Expert 1 that if I sue in small claims court and the dealer pulls out this arbitration agreement, then (if the judge has any legal training--a real question here in AZ) he/she should recognize that I have a right to pursue it in small claims court?
sorry i'm lagging behind you a little here while typing
OK, that's good news. thanks.
If the case is transferred from small claims court to another court it is not as clear, but not as clear works in your favor as well.
Anything else I can assist with?
actually there is. i'd like you to offer an opinion on the case in question. should i start a new question or use this one?
by the way, does the text of these chats get saved?
You probably need to start a new question. Start it with FOR JD 1992 and I'll pick up as soon as I see it. If I'm helping someone else I may be delayed but I'll get there eventually.
The question itself changes format when you issue your Positive Rating and will be available for, as far as I know, forever. i know it's available for at least a year.
but the chat is included?
Yes, it's all there.
It just looks a little different.
It changes to a format you can print off using your browser.
I'll go ahead and exit and look for your next post.
Remember to start it with FOR JD 1992 and I'll pick up.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
Please note that I sent a new question to you last night...
No, we chatted last night about the car dealership arbitration issue. I agreed to send you a new question and literally right then JA cancelled my account. Bizarre. After 4+ hours waiting/fighting with customer "service," they agreed to open a new account for me. Maybe that's why you can't find it. I did put "FOR JD 1992" at the beginning.
well maybe I didn't get it because JA customer service told me to use my normal email address with 'justanswer' as the domain--not sure how i can get any emails that way! I'll try to logout and sign in to the other account if i can remember the userid.
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