AutoNation USA Corp. v. Leroy

In AutoNation USA Corp. v. Leroy, 105 S.W.3d 190, 195 (Tex. App.--Houston 14th Dist. 2003, orig. proceeding), a consumer sued for a violation of the Texas Finance Code in connection with a financing agreement that did not contain an arbitration clause. Id. at 194. However, the consumer had a purchase agreement that did contain an arbitration clause. Id. Although the arbitration provision in the purchase agreement was not limited to the words "arising out of," the court applied a "but for" test, concluding: "But for the consumer's purchase, there would have been no relationship between the parties and no financing transaction that is the basis of the consumer's claims." Id. at 197.