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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113508
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If you perform a construction service for a 203k loan and

Customer Question

If you perform a construction service for a 203k loan and the hud inspector and owner sign off stating it complete then when you finish the job and have been paid in full the home owner file a false claim because there is a arbitration clause and you notify the arbitrator that you plan to take it to court due to false information provided and dont show and they rule against you how do you reverse it.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is an arbitration clause in the contract, you cannot take it to court because your contract says you have to arbitrate. If you failed to appear at the arbitration, then you will need a lawyer, you cannot represent yourself pro se on this matter or you will lose it again. Your attorney will need to go to court and file a Petition to Vacate Arbitration and will need to present a very good reason to the court as to why you failed to appear and honor the arbitration clause in your own contract and this is going to require a very technical legal argument to the court, BECAUSE under IL law the court cannot vacate arbitration unless there is a fraudulent judgment or the judgment is against the law or against the contract. With the exception of one of those 3 reasons, the court cannot touch the arbitration award and you sealed your fate if you failed to appear at the arbitration even if you felt the complaint against you was false.
Customer: replied 6 months ago.
If a client submitted fraudulent documents to a arbitration hearing and you did not show up because you new that the claim was fraudulent base on the documents that was submitted and you wrote the arbitrator telling them that you want to take this matter to court even though there is a arbitration clause in your contract and the work has been completed and sign off by the claimant and a third party assigned by the bank then the claimant ask for money back after all work is completed and sign off, can the arbitration clause be filed for petition to vacate do to fraudulent and extortion methods that was done by the claimant such as calling my insurance company while they had already file a claim trying to get them to drop my insurance texting me telling me that they will promote this on social media if we do not pay them any money when they had already filed a claim with arbitration, with having the facts to support this can we pro se the petition to vacate the arbitration.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You have to file a petition to vacate arbitration and you need to prove to the court that they obtained the arbitration award by fraud, which is one of the very limited reasons the court can vacate an arbitration award. You also have to present good cause as to why you did not appear at the arbitration to present the proof of the fraudulent claim.

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