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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33071
Experience:  Began practicing law in 1992
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I signed mediation and arbitration part of real estate

Customer Question

hello.
JA: Hello. What seems to be the problem?
Customer: I signed mediation and arbitration part of real estate purchase agreement. Now I have and issues with house I've bought. I need to sue the seller and my real estate agent for a damage they made. The seller of the house is also selling real estate agent and broker. Should I file claim to arbitration association or civil court? May be I should file to Arbitration with seller and sue my real estate agent through civil court?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: We just filed for Mediation to Association of realtors
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 6 months ago.

Who did the mediation and arbitration agreement bind? The seller and the buyer, the agent, broker, seller and buyer, etc?

Did it require binding arbitration?

Customer: replied 6 months ago.
It is in purchase agreement, but look like it is only between me and seller. In the and of agreement it is said that Real Estate Brokers are not parties of the Agreement between buyer and seller.
Customer: replied 6 months ago.
It suppose to be binding arbitration
Expert:  Dwayne B. replied 6 months ago.

Is it a mandatory arbitration agreement? That will make a tremendous difference on what you do.

Customer: replied 6 months ago.
Seller was a real estate agent and broker at the same time. I had my own real estate agent from different company
Customer: replied 6 months ago.
I think so. It said I give up my rights to letigate
Expert:  Dwayne B. replied 6 months ago.

I am going to assume it is mandatory, binding arbitration then against the seller.

What that means is you can sue the real estate agent in one court and then file for binding arbitration with an arbitrator. However, before you do that you should take your paperwork to a local lawyer and see if there is any provision which would allow you to bring both suits at the same time in the same place.

Normally all parties have to be sued in the same lawsuit in the same court. If you're going to represent yourself you are likely better off in arbitration because it is a less formal setting. I preferred litigation to arbitration, but that's probably because I litigated a lot and had an advantage there.

Customer: replied 6 months ago.
8220;NOTICE: By INITIALING IN THE SPACE BELOW
yOU ARE AGREEING TO HAVE ANy DISPUTE
ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED
By NEUTRAL ARBITRATION AS PROVIDED By CALIFORNIA LAW AND
yOU ARE GIVING UP ANy
RIGHTS
yOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURy TRIAL. By
INITIALING IN THE SPACE BELOW yOU ARE GIVING UP
yOUR JUDICIAL RIGHTS TO DISCOVERy AND
APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLy INCLUDED IN THE ‘ARBITRATION OF DISPUTES’
PROVISION. IF yOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,
yOU
MAy BE COMPELLED TO ARBITRATE UNDER THE AUTHORITy OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. yOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARy.”
“WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL
ARBITRATION.
Expert:  Dwayne B. replied 6 months ago.

Sorry for the delay, for some reason your question is causing the website to act up and I'm having a problem getting an answer to post. PLease be patient while I try to figure out what is wrong.

You can try and sue everyone in the same lawsuit and see if the seller then objects and asks for arbitration. You can also sue one in civil court and the other in arbitration, but that makes it clumsy. You can ask the agent if they are willing to go to arbitration rather than a lawsuit and see if they will agree.

Expert:  Dwayne B. replied 6 months ago.

Let's see if this works better, I restarted my system and changed a bunch of things.

Did you have additional questions?

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