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Ark. Code Ann. § 4-75-413

Arbitration and forum selection clauses in the sale of motor vehicles

Applied in 1 court decision — leading case 2024 Ark. App. 271 - Westlake Services, LLC v. Amber England, on Behalf of Herself and All Others Similarly Situated (2024)

Most recently applied in 2024 Ark. App. 271 - Westlake Services, LLC v. Amber England, on Behalf of Herself and All Others Similarly Situated (April 2024)

Acts 2005, No. 1239, § 1.

(1) Except as provided in subsection (b) of this section, no new or used automobile dealer shall include in the contract for the sale of a motor vehicle a provision requiring the purchaser to submit a disputed matter to: Binding arbitration; or

(2) A forum outside the county in which the dealer resides or does business.

(3) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to binding arbitration only by signing a separate document entitled in bold print “Waiver of Purchaser's Right to Sue” containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court of law.

(4) The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to a forum outside the dealer's residence or place of business only by signing a separate document entitled in bold print “Waiver of Purchaser's Choice of Forum” containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court or arbitrator in the county in which the seller resides or does business.

(5) A waiver described in subdivision (b)(1)(A) or (B) of this section shall not be enforceable unless contained in a separate document.

(6) A purchaser who refuses to sign a waiver described in subsection (b) of this section shall not be denied the right to purchase a motor vehicle at the price agreed upon by the purchaser and the seller.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.