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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8049
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I'm in Oregon. Want to take a car dealership to small claims

Customer Question

I'm in Oregon. Want to take a car dealership to small claims for selling me a car with mechanical defects. Car does not run because the transmission died in weeks. Signed an agreement saying disputes would be settled in binding arbitration. Can I still take the owner to small claims court to pay for the $4500 transmission needed repairs I can't afford to pay? Can I also ask for other damages for emotional stress, no transportation now other than walking and the bus, time off work (I work straight commission) to try to get the car issues resolved with dealership and taking the car to repair shops for diagnosis and estimated? How much can I ask for?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
Hi!Customerhere. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.
An arbitration clause is permitted via the following statute:
Validity of agreement to arbitrate
• form of acknowledgment of agreement
(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
The buyer is limited to economic damages reasonably foreseeable resulting from the dealer's negligence or breach. These damages include the cost of repair/replacement of a defective item, but do not allow for emotional stress or lost wages. If the court finds the dealer acted in bad faith, they can award punitive damages, designed to punish the dealer and act as deterrent for future violations.
I'm sorry if this is not the information you wished to hear; however I feel I would be doing you a disservice if I did not provide accurate information. As such, please don't rate negatively due to the content of the information, but rather on the accuracy of the information. Thank you kindly for your understanding.
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
I do not want a phone conversation.
Customer: replied 1 year ago.
Do not send the offer for the phone conversation.
Expert:  LegalGems replied 1 year ago.
I'm sorry- I do not participate in the site's telephone service; most attorneys do not because it creates an attorney client relationship which is not something we are able to do per the bar's rules.
Expert:  LegalGems replied 1 year ago.
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