Weeks or even months after moving into your new home, you may discover something seriously wrong with a leaking roof or faulty plumbing. Perhaps the neighbors are loud and noisy or you hear there was a murder in your home before you bought it. Often, we are so excited about our new move, we don’t carefully read the many, many documents that are placed before us to sign in order to facilitate that move. What do you do now? Call the Webb & Ord law firm where our experienced attorneys can advise and guide you through the complex real estate disclosure laws and the overloaded and clogged court system. We will review your issues and study the multitudes of documents you signed at the time you purchased, rented or leased your home. Did you sign a disclosure document? Were your current household problems disclosed to you or should they have been?
CALIFORNIA LAW ENACTED TO PROTECT YOUR INTERESTS FROM FRAUD AND NON-DISCLOSURE
The statutory duty to disclose is found within a real estate transfer disclosure statement and required by Civ. Code § 1102, et seq. Pursuant to California Civil Code Sections 1102, et seq., there is a disclosure requirement in connection with “any transfer by sale, exchange, installment land sale contract, . . . lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.” Cal. Civ. Code § 1102(a)
MEDIATE OR ARBITRATE?
Many people choose to mediate or arbitrate their case because of the costs involved in a lengthy trial or they may want to reach a resolution in a timely manner, an option not always available through the court system. But what is the difference between mediation and arbitration? Mediation usually involves an unbiased, third party who guides both parties in the dispute to reach an agreement or compromise. The mediator may or may not be an attorney, but he or she will be highly trained in the art of compromise and have a strong legal background. They may make suggestions based on the law, but their opinions are not legally binding. Therefore, most often, they will work towards helping the disputing parties achieve their own compromise or agreement. But there is no legal requirement for them to reach an amicable agreement. Mediation can break down, and the case will move forward to trial. Arbitration is a more formal and binding process. Both parties in the dispute will have an opportunity to tell their story to the arbitrator, most often an active judge, a retired judge or a professional attorney. Testimony will be given, attorneys for both sides may also question any witnesses’ testimony offered. Rarely is there any negotiating between the two disputing parties and the arbitrator’s decision is legally binding which all parties must adhere to.
OVER $30 MILLION IN RESULTS
Our experienced attorneys can help you choose the most appropriate action for your case. We understand the complexities of the vast real estate laws. Often based on the facts of your case, trial may not be in your best interests. Mediation or arbitration might make more sense to your bottom line and your calendar.
Call Eric Webb or Eleanor Ord at 323-462-3736 today.