3159 REVIEW DENIED An arbitration agreement contained in reverse mortgage documents presented by the lender in pre-printed forms and on a take-it-or-leave-it basis were adhesive and, therefore, procedurally unconscionable, and its provisions requiring the borrower to arbitrate, but permitting the lender to use remedies available by law was so one sided as to be substantively unconscionable, making the entire agreement unenforceable.CitationFLORES v TRANSAMERICA (Reverse Mortgage Arbitration) 93 CA4 846 [See: Armendariz v Foundation Health 24 C4 83, T/AT 9/00; Graham v Scissor-Tail 28 C3 807; A&M Produce v FMC Corp 135 CA3 473]
|
|