I have a contract with a home warranty company. The agreement we have has a section on how to handle disputes. It has the typical verbiage of requiring Arbitration, and contains the usual clause of allowing small claims court.
However, it also specifically states that the dispute "shall be resolved at the consumer's choice..." of either arbitration or "in and through" small claims court. I filed a lawsuit in small claims, and the defendant then had it transferred out of small claims and to a civil division.
Did the defendant breach the contract by not following my choice of how to resolve the dispute, i.e., small claims.
Is there any way to get a case in civil court back to small claims, on the premise they breached our contract and/or that the contract specifically states the only two options for dispute resolution are arbitration or small claims court?
Thanks in advance!
However, it also specifically states that the dispute "shall be resolved at the consumer's choice..." of either arbitration or "in and through" small claims court. I filed a lawsuit in small claims, and the defendant then had it transferred out of small claims and to a civil division.
Did the defendant breach the contract by not following my choice of how to resolve the dispute, i.e., small claims.
Is there any way to get a case in civil court back to small claims, on the premise they breached our contract and/or that the contract specifically states the only two options for dispute resolution are arbitration or small claims court?
Thanks in advance!
Consumer Law Issues: Dispute Resolution - Arbitration/Small Claims
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