Ninth Circuit says BMW can’t force arbitration based on arbitration clause in purchase agreement between the consumer and the car dealership

Here's the first paragraph of yesterday's decision in Ngo v. BMW North America

In 2012, Kim Ngo bought a new BMW 535i sedan from Peter Pan Motors, Inc, a car dealership. Because the dealership financed Ngo’s purchase, they entered into a purchase agreement which contained an arbitration clause. As a result of alleged defects with the car, Ngo sued BMW of North America, LLC (“BMW”), the manufacturer, which was not a signatory to the purchase agreement. The question presented to us is whether BMW may compel arbitration under the purchase agreement between Ngo and the dealership. We conclude that it cannot, and we reverse the district court’s order compelling arbitration.

Leave a Reply

Your email address will not be published. Required fields are marked *