Jeff’s Carlsbad Blog for First Time Home Buyers


Should I Arbitrate or Not?

Posted in FAQs,Offers by Jeff Dowler on June 26, 2009
Tags: , , ,

GAVEL3S

One of the issues you need to think about when comleting an offer to purchase in California is whether to use arbitration to resolve any conflicts that arise as the result of the transaction (this may not apply to other states).

I am not an attorney and cannot advise you on whether you should or should not, as it is a personal choice. That said, I have been told by legal advisors in our state that arbitration often can be a faster way to resolve issues, if any, adn less expensive than going to court. And most people tend to choose this option.

If you do not elect to use arbitration, the seller will also have to agree, since both parties must agree on which way to go.

Know that there are some issues that fall under the jurisdiction of small claims court (e.g., deposit issues) that can get resolved in court even if you elect the arbitration route first. Our Residential Purchase Agreement (RPA – CA) explains this in more detail.

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