Florida Car Dealer’s Motion to Compel Arbitration Denied

Posted on February 5, 2013 by Dana Manner

On February 5, 2013 – County Court Judge Sharon Zeller entered an order denying Wow Auto Deals, LLC Motion to Compel Arbitration in a case where a Pembroke Pines, Florida car buyer complained that Wow Auto Deals fraudulently sold them a car with defective or missing airbags.

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In response to the complaint filed in Broward County by Dana L. Manner, Wow Auto Deals filed a Motion to Compel Arbitration asserting that an arbitration agreement prevented the dispute from being tried in court. In response Manner argued that the arbitration agreement did not apply, following a similar decision in a Florida 1st District Court of Appeal case, known as the “Duval Motors” or “Rogers” case (DUVAL MOTORS CO. v. ROGERS 73 So. 3d 261). 

Manner considers the decision by Judge Sharon Zeller to be a “significant victory for car buyers” because in many instances consumers find that the arbitration process limits the ability of consumers to prepare their claims; for example, it limits their ability to take depositions, request documents, etc.