Suing A Car Dealership, Demand for Arbitration (part1)

This is a redacted demand for arbitration JAMS, that was filed in New Jersey for consumer fraud where the car was damaged before the purchase.

This claim arises out of the plaintiff’s purchase of the automobile from XXXXXX. The plaintiff entered into a contract for the purchase of the subject automobile, a 2005 Mini Cooper Hardtop on or about January 9, 2010. The vehicle had 45,927 miles on it and the purchase price was $15,990. As part of the purchase and transaction, the plaintiff asked numerous questions about the vehicle, one specifically as to whether or not the vehicle was involved in a prior automobile accident. The defendant dealership, through their agents, stated that the vehicle had been inspected vigorously and put a ‘PDI’ inspection sticker on the vehicle. The representatives indicated it went through an approximately 150-point inspection and ensured the plaintiff that it was an excellent automobile and the plaintiff would have no problems with it. Specifically, and in response to the plaintiff’s question, the dealership specifically stated that the vehicle had not been involved in an automobile accident. The plaintiff signed the documents, including a buyer’s order which stated in addition to the sales price was $1,580 for E.S.C. The plaintiff paid extra items, such as sales tax of $1,229, registration/title fees of $109, and $189 for documentary fee.

The plaintiff signed an arbitration agreement contained in the buyer’s order indicating all disputes would go through JAMS arbitration except for Magnuson-Moss Warranty Act claims, which are not subject to and/or made under this demand for arbitration.

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