New Cars : A New Car For A Long Trip

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The Masons of Macon, Georgia wanted to buy a new car for a long trip. They were in such a hurry that they left their old van with the dealership as a trade-in, signed blank paper work, and took the new car for their trip. This is a common practice known as a “spot delivery,” which can leave the customer in a position to be taken advantage of by the dealer (Georgia Department of Law, 2015). Upon returning home from their trip, they discovered that although the dealership could find no one to finance their new vehicle purchase, their old van had been sold at auction. The dealer wants them to buy the car, which they cannot afford, or pay for its use. So the dealer takes the car back, tells them the price of the van goes toward what they…show more content…
This current lawsuit has been brought by the Masons regarding the old vehicle, the van that was sold by the dealership to a third party. In response, the dealership has made claims against the Masons for the use of the new vehicle. However, there was no sale of the new vehicle to the Masons. Thus, the arbitration agreement does not cover the present dispute, and the Masons are not required to resolve their dispute using binding arbiration. We will assume that attempts to settle and/or use alternative dispute resolution have not been desired or effective. There are several methods of dispute resolution that are not binding that the parties can pursue if they wish (American Bar Association, 2006), such as mediation or non-binding arbitration, but they are not required to do so. Since the plaintiffs have stated their wish to proceed in this court, and the amont of money at issue is appropriate for small claims, this lawsuit can and will be heard by the Magistrate Court. We will assume that all court procedures have been followed, such as proper filings and notifications; that the evidence and witnesses have been presented by the plaintiffs and the defendants; that arguments have been
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