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Statutes

"(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction (a) in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter, (b) in which the goods are to be used, or (c) in which the lessee executes the lease, the choice is not enforceable. (2) If the judicial forum or the forum for dispute resolution chosen by the parties to a consumer lease is a jurisdiction other than a jurisdiction (a) in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter, (b) in which the goods are to be used, or (c) in which the lease is executed by the lessee, the choice is not enforceable. (RCW 62A.2A-106)

No provision of a retail installment contract, retail charge agreement, or lender credit card agreement is valid by which the buyer agrees not to assert against the seller or against an assignee a claim or defense arising out of the sale, or by which the buyer agrees to submit to suit in a county other than the county where the buyer signed the contract or where the buyer resides or has his or her principal place of business. (RCW 63.14.150)"

Cases

WA generally enforces forum selection clauses if those clauses are reasonable. Mangham v. Gold Seal Chinchillas, Inc., 69 Wn.2d 37, 45 (1966); Bechtel Civil and Minerals, Inc v. South Columbian Basin Irrig. Dist., 51 Wn.App. 143, 147 (1988).

Comments

In designating a particular state as the forum for dispute resolution do not make it the exclusive forum but rather retain the option of commencing an action in any forum that might have jurisdiction. Otherwise a secured creditor/lessor may be prevented from commencing a replevin action.

Contributors

Malcolm C. Lindquist

The statutory information was edited and reviewed with the support of MultiState

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