York v. Dodgeland of Columbia, Inc.

749 S.E.2d 139, 406 S.C. 67, 2013 S.C. App. LEXIS 212
CourtCourt of Appeals of South Carolina
DecidedSeptember 4, 2013
DocketAppellate Case No. 2011-199006; No. 5169
StatusPublished
Cited by15 cases

This text of 749 S.E.2d 139 (York v. Dodgeland of Columbia, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
York v. Dodgeland of Columbia, Inc., 749 S.E.2d 139, 406 S.C. 67, 2013 S.C. App. LEXIS 212 (S.C. Ct. App. 2013).

Opinion

GEATHERS, J.

Appellants argue the trial court erred in granting Respondents’ motions to dismiss and to compel arbitration. Because every dispute was within the scope of at least one valid arbitration agreement, the trial court did not err in dismissing Appellants’ suit and compelling arbitration.

FACTS/PROCEDURAL BACKGROUND

This case involved two plaintiffs, Appellant Melissa York (York) and Appellant Olga Cristy (Cristy), with each alleging an automobile dealership charged illegal documentation fees. Notably, each plaintiffs respective claim arose from separate transactions occurring at separate dealerships; although York and Cristy filed suit together, York’s two claims were against Dodgeland of Columbia, while Cristy’s sole claim was against Jim Hudson Hyundai. Because the underlying case involved three vehicle purchases, one consumer loan, and two distinct sets of parties, as memorialized within four separate contracts, extensive factual review and analysis is necessitated.

York/Dodgeland Transactions

On September 4, 2006, York and her husband, Jessie York (Husband), entered into two purchase agreements with Dodgeland of Columbia for two pre-owned vehicles, a Dodge Ram pickup and a Chevy Trailblazer. The purchase agreement (Buyers Order) for the Ram reflected York and Husband as “co-purchasers,” the agreed selling price, a trade allowance, a trade pay-off balance, $289 in “processing fees,” and tax, tag, and title fees. The record does not indicate whether the Yorks financed the $29,643 balance owed under this contract. At the top of this Buyers Order, in emboldened, capitalized letters, appeared the following language: “THIS BUYERS ORDER IS SUBJECT TO ARBITRATION PUR[75]*75SUANT TO S.C. CODE SECTION 15-48-10.” Additionally, at the bottom of this Buyers Order, was the following language:

IN CONSIDERATION FOR SELLER AGREEING TO SELL TO PURCHASER THE ABOVE DESCRIBED VEHICLE, PURCHASER AGREES THAT ANY AND ALL DISPUTES IN ANY WAY RELATED TO ANY NEGOTIATION OR POTENTIAL PURCHASE, FINANCING, OR ACTUAL PURCHASE OF ANY VEHICLE OR SERVICE FROM DEALER SHALL BE SUBJECT TO THE FEDERAL ARBITRATION ACT. BUYER UNDERSTANDS AND AGREES THAT THIS TRANSACTION INVOLVES INTERSTATE COMMERCE AND THAT NO ACTION IN A REPRESENTATIVE CAPACITY MAY BE FILED WITH THE ARBITRATOR AND THAT ARBITRATOR HAS NO AUTHORITY TO AWARD ANY RELIEF TO ANYONE OTHER THAN THE ABOVE NAMED PURCHASER OR SELLER AND THAT ARBITRATOR SHALL DECIDE ALL ISSUES OF ARBITRABILITY.

While this document indicated that additional terms existed on the “reverse side hereof,” that portion of the document is not part of the Record on Appeal.

The Buyers Order for the Chevy Trailblazer transaction reflected York and Husband as “co-purchasers,” the agreed selling price, $289 in “processing fees,” and tax, tag, and title fees. The record does not indicate whether the Yorks financed the $18,143 balance owed under this contract. This contract incorporated the same language found within the Buyers Order for the Ram pickup, although the arbitration notice header was underlined and in a bigger font. The reverse side of this document is not part of the Record on Appeal.

Cristy/Jim Hudson Hyundai Transaction

We again note that no relationship existed between York and Cristy, and that Respondent Jim Hudson Hyundai was unaffiliated with Respondent Dodgeland. Thus, the parties and conduct associated with the York/Dodgeland transactions were distinct from those involved in the Cristy/Jim Hudson Hyundai transaction.

[76]*76On March 28, 2008, Cristy purchased a new 2008 Hyundai Tucson from Jim Hudson Hyundai. Cristy signed two contracts: (1) a Buyers Order memorializing the terms of the sale of the vehicle by Jim Hudson Hyundai to Cristy; and (2) a Retail Installment Contract (Installment Contract) memorializing, inter alia, Cristy’s debt and repayment obligations to BB & T, and BB & T’s related obligation to pay the funded loan’s proceeds to Jim Hudson Hyundai.

As to the Buyers Order, it reflected Cristy as the customer, the agreed selling price and trade allowance, as well as the pay-off balance of the trade-in, a manufacturer rebate, a $289 “processing fee,” and tax, tag, and title fees. Under this agreement, Cristy owed the dealership $18,013. At the very top of this Buyers Order, in emboldened, capitalized, and underlined letters, appeared the following language:

THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, AND IF THE FEDERAL ARBITRATION ACT IS NOT APPLICABLE, THEN THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT.

Additionally, at the very bottom of this Buyers Order, but directly above Cristy’s signature, was the following language:

■m SEE ADDITIONAL TERMS AND CONDITIONS ON OPPOSITE PAGE or

CUSTOMER HAS READ BOTH SIDES OF THIS CONTRACT ....

The reverse side of this Buyers Order incorporated provisions further defining the scope and terms of arbitration, including remedy and claim type limitations.

While Cristy’s Buyers Order evidenced the actual sale and purchase of the vehicle, her Installment Contract memorialized the terms of the financing arrangement (i.e., the BB & T loan) procured to satisfy the balance owed under the aforementioned Buyers Order. In particular, the Installment Contract outlined, among other things, Cristy’s and BB & T’s, eventually mutual, financial obligations, such as: amount financed; to whom the funded loan proceeds should be remit[77]*77ted; repayment period and monthly payment amounts; applicable interest rates, fees, and finance charges; and other loan related “terms” (ie., rights and restrictions). Pursuant to this agreement, Cristy was the buyer and debtor, the 2008 Hyundai was the collateral, BB & T was the creditor, lienholder, and Assignee, and Jim Hudson Hyundai was the seller, recipient of the funded loan proceeds, and assignor. Notably, the Installment Contract read, in pertinent part, as follows:

[A]ny claim or dispute ... between you and us or our agents ... that arises out of or relates to your credit application, this Contract or any resulting transaction ... is to be decided by neutral, binding arbitration____The Federal Arbitration Act ... governs [and] not any state [arbitration] law.

This contract also included provisions further defining the scope and terms of arbitration, including remedy and claim type limitations.

Allegations of Illegal Dealer Practices

York and Cristy filed a single suit, on June 25, 2010, against Dodgeland of Columbia, Jim Hudson Automotive Group, and Jim Hudson Superstore, a/k/a Jim Hudson Hyundai.1 York and Cristy alleged misleading business practices culminated in the charging of illegal administration fees, which artificially raised the agreed purchase prices and, thereby, impermissibly increased the dealers’ profits. The complaint also stated that it was filed “for the benefit of all others.”2

Dodgeland and Jim Hudson Hyundai filed motions to dismiss and to compel Arbitration, which the trial court granted. The trial court denied Appellants’ Rule 59(e) motion and this appeal followed.

[78]*78ISSUES ON APPEAL

1.

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Cite This Page — Counsel Stack

Bluebook (online)
749 S.E.2d 139, 406 S.C. 67, 2013 S.C. App. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/york-v-dodgeland-of-columbia-inc-scctapp-2013.