‘Duty to Disclose What’s Hidden in the Fine Print’

“TL;DR version: If you want to enforce a provision that isn’t obviously part of the transaction (such as an arbitration clause), you should expressly draw it to the consumer’s attention, explain it to them, and then have them sign it. Isaac Sutton agreed to purchase a 2016 Chevy Silverado on credit from David Stanley Chevrolet (DSC) and trade in his 2013 Challenger. He was told that his credit was approved. He was given $22,800 for the Challenger for which he still owed $25,400. For the purchase of the Silverado, he received 86 pages of documents which included a retail installment sale contract and a purchase agreement …” (more)

[Nancy Kim, ContractsProf Blog, 15 October]

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