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PAUL v. TIMCO, INC.

811 A.2d 948 (2002)

356 N.J. Super. 180

Marie Rose PAUL, Plaintiff-Appellant, v. TIMCO, INC. t/a Planet Honda, and Honda Care a/k/a Honda Easy/Care, APCO, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2002.

Attorney(s) appearing for the Case

Simon L. Kaufman, Edison, argued the cause for appellant (Kohn & Needle, attorneys, Maplewood; Mr. Kaufman, on the brief).

Neil E. Guthrie, Monmouth, argued the cause for respondent Timco, Inc. t/a Planet Honda (Baldinger & Levine, attorneys; Bruce E. Baldinger, Bridgewater, on the brief).

Shawn C. Huber, Westmont, argued the cause for respondent Honda Care and APCO (Brown & Connery, attorneys; Mr. Huber, on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The question presented by this appeal is whether a purchaser of a product who paid additional money for an extended warranty may be required to arbitrate a claim under the warranty even though the document requiring arbitration was not sent to the purchaser until after the sales transaction. We conclude that the purchaser of a warranty may not be compelled to arbitrate warranty claims where the only...

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