- Sat Jan 19, 2013 4:21 pm
#17477
Ah, your friendly neighborhood banker. I've been telling you how you are being screwed everyday by government and corporations. Here are a few more “gotchas.” Since bankers have refined “gotchas” to a science, I figured I'd have to put this in a separate post.
Remember when you signed that sales contract for that new car, used car, franchise or other hefty purchase? The simple sales contract was several pages long and written in fine print. Buried deep in that fine print was a section where you agreed to give away your right to sue in exchange for submitting to binding arbitration. Usually in that contract is a clause that says they do not have to take the object back if you lose arbitration; they can take your house. They can also come after your house if the car or other object is not worth what you originally paid for it. This is called “contracts of adhesion.” Binding arbitration was originally designed to allow corporations to settle disputes without going to court; it was not intended to settle disputes between consumers and workers. The law was the Federal Arbitration Act of 1925. The courts have stretched the law to include consumers. This was done to keep the court dockets clear.
Arbitration is usually judged by someone picked by a court officer and the arbitrator often has little to no knowledge of the business or the law. If the case is complex, a professional arbitrator is appointed by the court. Often these arbitrator have a cozy relationship with the corporation and they can charge up to $400 an hour for their services. This is on your dime since you are the one who brought the action against the seller. You stand to lose anyway because the contract is rarely overturned unless the terms of the contract are found to be so one-sided that it “shocks the conscience/”
In arbitration you do not have the same rights as in court. You do not have the right to ask the other party to provide proof. You have to pay certain fees in advance. After the decision is rendered you do not have the right to an explanation of the logic that the arbitrator used to decide your case. Often the arbitrator will hold the proceedings in another city or even another state.
Warning: Buried in the fine print of many sales contracts is a provision that the business many change the terms of the contract if business conditions change or if the courts find any part of the contract illegal. If one small section of the contract is found to be illegal, the business may execute another, even more unfair, contract to which you are bound.
Many years ago a plaintiff was asked by the judge, “If you didn't like the contract, why did you sign it?” Sound advice.
I've got a lot more banker "gotchas."
Remember when you signed that sales contract for that new car, used car, franchise or other hefty purchase? The simple sales contract was several pages long and written in fine print. Buried deep in that fine print was a section where you agreed to give away your right to sue in exchange for submitting to binding arbitration. Usually in that contract is a clause that says they do not have to take the object back if you lose arbitration; they can take your house. They can also come after your house if the car or other object is not worth what you originally paid for it. This is called “contracts of adhesion.” Binding arbitration was originally designed to allow corporations to settle disputes without going to court; it was not intended to settle disputes between consumers and workers. The law was the Federal Arbitration Act of 1925. The courts have stretched the law to include consumers. This was done to keep the court dockets clear.
Arbitration is usually judged by someone picked by a court officer and the arbitrator often has little to no knowledge of the business or the law. If the case is complex, a professional arbitrator is appointed by the court. Often these arbitrator have a cozy relationship with the corporation and they can charge up to $400 an hour for their services. This is on your dime since you are the one who brought the action against the seller. You stand to lose anyway because the contract is rarely overturned unless the terms of the contract are found to be so one-sided that it “shocks the conscience/”
In arbitration you do not have the same rights as in court. You do not have the right to ask the other party to provide proof. You have to pay certain fees in advance. After the decision is rendered you do not have the right to an explanation of the logic that the arbitrator used to decide your case. Often the arbitrator will hold the proceedings in another city or even another state.
Warning: Buried in the fine print of many sales contracts is a provision that the business many change the terms of the contract if business conditions change or if the courts find any part of the contract illegal. If one small section of the contract is found to be illegal, the business may execute another, even more unfair, contract to which you are bound.
Many years ago a plaintiff was asked by the judge, “If you didn't like the contract, why did you sign it?” Sound advice.
I've got a lot more banker "gotchas."
