Real Estate Disputes

By
Real Estate Broker/Owner with Jim W Hildreth Real Estate Brokerage & Mediation Services

Real Estate Disputes come in all shapes and sizes, and the past month has been active in resolving conflicts through Alternative Dispute Resolution ADR and also known as Mediation.

Two friends 60 year old friends take there dispute to a higher notch when his friend cuts up his road grader into 7 individual pieces with a cutting torch, the result leads to a law suit.

Two neighbors sue one another over a fence dispute, when they both agreed to pay for a new fence and in the end one of the neighbors refuse to pay.

The tenant sues her landlord a mobile home park owner when her dog was bit by one of her neighbors dogs and sues for the $1,000 veterinary bill.

Buyer is going to sue his real estate broker and seller of a California home over non-disclosures issues.

Seller is going to sue buyer over a real estate deposit of $6,500, when buyer backs out 24 hours prior to close of escrow. Seller is living out of the country and buyer is California attorney.

Each of these disputes are real and have turned to mediation as a way to open communication lines between the parties.

Conflicts do occur in real estate transactions, such as non-disclosure, breakdown in communications, often between the parties and sometimes against the brokerage and agents,

In California, Alternative Dispute Resolution comes in two forms, one Mediation and the other Arbitration. Mediation is automatic with the California Association CAR form. Arbitration is a opt in or opt out by the parties seller-buyer.

Attorney's are often the gateway to disputes as they hear first hand the anger, resentment, frustrations.

Attorneys with a real estate specialty are well aware of the CAR forms and the avenue of Alternative Dispute Resolution.

Agents, brokers should have full knowledge of the differences between mediation and arbitration.

If you find yourself in a dispute, have knowledge of a dispute, mediation is the first step in the dispute process.

One can locate a mediator by doing a search with your favorite search engine such as Google, Yahoo, Bing and typing in real estate, mediator, real estate mediator, Real Estate Mediation Services.

In California you can bring a claim in Superior Courts, "Small Claims" up to $7,500 and many courts offer onsite mediators or may be able to refer to a private mediation service.

The value is that mediation is confidential, often faster, quicker and in California mediation must occur first in order to protect the attorney fee award in arbitration.

 

Jim W Hildreth mediator is both a private and multi- Superior Court Mediator, who serves in Northern California, the San Francisco Bay Area, Central Valley North and South and the California Mother Lode or Gold Country.

The website is http;//www.RealEstateMediation.org

 

 

 

 

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