Hendel v. Internet Escrow Services, Inc.
Hendel sued an online escrow company in Miami-Dade after an art purchase turned out to be a forgery; the trial court dismissed with prejudice based on a mandatory forum selection clause in the General Escrow Instructions requiring litigation in Orange County, California. The Third District affirmed, holding the online terms were conspicuous enough to place a reasonably prudent person on inquiry notice and that the defendant had preserved, not waived, its venue objection across successive amended complaints.
Key facts
- Hendel purchased art through Internet Escrow Services using the company's online platform; the purchase turned out to involve a forged artwork.
- Hendel sued in Miami-Dade County; Internet Escrow Services moved to dismiss based on a forum selection clause in the General Escrow Instructions requiring litigation in Orange County, California.
- +2 more key facts with a free trial
Why it matters
Useful authority for enforcing online 'clickwrap'-style forum selection clauses in Florida, extending MetroPCS's inquiry-notice reasoning to escrow website terms. It also gives defense counsel a clear preservation… — full analysis with a trial
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