Motion to compel arbitration for Florida dealers and lenders
The arbitration agreement in your buyer’s order or retail installment contract is the most valuable clause in the deal jacket — if it is drafted well and enforced immediately. We move to compel arbitration and represent dealers and lenders in AAA and JAMS consumer arbitration.
Enforcing the arbitration clause
When a customer files in court despite a signed arbitration provision, the first filing matters. A motion to compel arbitration that also raises the addendum’s pre-suit conditions — mediation or notice requirements the customer skipped — moves the case out of the courtroom and resets the fee dynamics. Class-action waivers in the same clause can end a putative class case with one ruling.
We also know the traps. Asking the court for affirmative relief before moving to compel can waive the right to arbitrate. Non-signatories such as co-buyers, spouses, and guarantors need to be handled deliberately. And an arbitration clause that contradicts another document in the deal jacket may not be enforced at all.
Arbitration services for Florida dealers and lenders
Motions to compel arbitration
Filed as the first response to a consumer lawsuit in state or federal court, supported by the signed buyer’s order, retail installment contract, and arbitration addendum, and by a declaration from the dealership.
Drafting arbitration addenda that survive
Florida courts enforce arbitration provisions that are clear, conspicuous, and consistent across the buyer’s order and the RISC. We review and redraft addenda so they cover the claims that actually get filed, name the forum and rules, include an enforceable class waiver, and do not contradict the other documents.
Defending in AAA and JAMS
Once compelled, the matter still has to be won. We defend dealers and lenders in consumer arbitration, where the procedure, cost allocation, and fee-shifting rules differ from court, and we handle mass-arbitration campaigns.
Frequently asked questions
Can my dealership force a customer into arbitration in Florida?
If the customer signed a valid arbitration agreement — in the buyer’s order, the retail installment contract, or a separate addendum — Florida courts and federal courts under the Federal Arbitration Act generally will compel arbitration of the covered claims. The motion must be filed promptly and before the dealer seeks other relief in court.
The customer sued us even though they signed an arbitration agreement. What now?
Send us the complaint and the signed deal documents immediately. The response to the lawsuit should be a motion to compel arbitration, not an answer. Filing an answer, a counterclaim, or a motion on the merits first can be treated as a waiver of the right to arbitrate.
Is the arbitration clause in my buyer’s order enforceable?
Usually, if it is conspicuous, signed, covers the dispute, and does not conflict with the retail installment contract. We review dealers’ arbitration provisions and redraft the ones that will not hold up.
Does arbitration stop a class action?
An arbitration agreement with a class-action waiver generally requires the named plaintiff to arbitrate individually, which ends the class case. It is the single most important defense to a class action against a dealer.
Who pays for consumer arbitration?
Under AAA and JAMS consumer rules, the business pays most of the forum fees. Those costs are usually far less than the attorney’s-fee exposure of a FDUTPA case litigated in court.
Been sued despite an arbitration agreement?
The motion to compel should be the first thing filed. Send us the complaint and the deal jacket.