§ 4-75-413 - Arbitration and forum selection clauses in the sale of motor vehicles.
4-75-413. Arbitration and forum selection clauses in the sale of motor vehicles.
(a) 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:
(1) Binding arbitration; or
(2) A forum outside the county in which the dealer resides or does business.
(b) (1) (A) 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.
(B) 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.
(2) A waiver described in subdivision (b)(1)(A) or (B) of this section shall not be enforceable unless contained in a separate document.
(c) 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.