Warranty

[M.E. Floyd]

I understand that mostly all retailers of manufactured homes now require a buyer to enter into an arbitration agreement. The filing fee and other costs for arbitration I have checked can get very high. It also appears to me that arbitration could be one-sided in favor of the retailer. I don't want to waive my right to trial by judge or jury, but I was told by 2 retailers that if I didn't, they would not sell me a manufactured home. What is the answer to my dilemma.

[rmurray]

Not to buy...
Of course..you could also quit buying from all those with similar agreements..telephone..cell phones..bank accounts..all types of loans..all credit cards.computers...list goes on and on..

I doubt the arbitration fees are much higher than court filing fees..Also..some states still allow you to go to court..but only after arbitration..Check the law in your state..

The idea of arbitration is to come to complete, fair and QUICK conclusions for disagreements.....You decide.................

[Eric Lindhorst]

I am an attorney who has handled over 100 arbitrations, and in many cases, the fees for filing an arbitration can be quite high. The filing fees usually increase as the amount of the claim increases, and depend on the company which is handling the arbitration. Some companies have rules that allow a claimant to avoid the filing fee if they can show financial inabilty, just as filing fees for courts can be similarly avoided. In addition to waiver of a jury trial and right to go to court, the arbitration agreement probably says the arbitrator will not have the power to award punitive damages.

While there is nothing inherently unfavorable to you over the retailer in arbitration, the party drafting the arbitration agreement usually has more experience with arbitration, and with the arbitration company conducting the proceeded, and could therefore be at an advantage.

I agree that your only option if a retailer won't sell you a home without arbitration is to find another retailer to buy from who doesn't insist on arbitration, and I think there are some out there who don't like it. Arbitration can be a two edged sword, and while some companies like it, others avoid it.

THIS REPLY IS NOT MEANT AS LEGAL ADVICE, ONLY AS PERSONAL OBSERVATIONS, AND NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED BY THIS REPLY.

ANYONE READING THIS WHO HAS ANY QUESTIONS ABOUT ARBITRATION SHOULD SEEK THE ADVICE OF AN ATTORNEY LICENSED IN THEIR STATE.