Arbitration Agreement Real Estate

Arbitration Agreement Real Estate

Today, most people who buy or sell real estate in California use the home purchase and sale contract published by the California Association of Realtors (CA-RPA). While this form of agreement covers most of the decisions that need to be made, many of its provisions are not clearly understood by buyers and sellers and even by their real estate agents. The Alternative Dispute Resolution Section (ADR), which contains two provisions: 1) mediation, is critical, among other things, and 2) arbitration. At DBH Law in Calgary, our real estate lawyers have more than 25 years of combined experience, working for buyers, lenders and real estate developers at all stages of residential real estate transactions. When looking for real estate to buy or sell, many clients ask their real estate agent if they should become the provision of the initial arbitration. While this provision is initially used by both parties, it requires the parties to settle most of the disputes arising from the treaty. Brokers® usually respond in one of two ways: (1) They tell clients that they do not have the legal knowledge to answer this question competently, allowing clients to choose or refuse arbitration without any guidance; or (2) they simply tell clients that arbitration is faster and less costly than litigation. Unfortunately, depending on the facts, the opposite may be true. This article will examine some of the pros and cons of arbitration and will highlight a major challenge that is not often taken into account. If, as always, you have questions about your property, real estate transactions or any other legal issues, please inform us by email at kbdunnagan@bpelaw.com. As a result, the court found that the seller was likely entitled to a stay. It found that the purchasers had not demonstrated that the arbitration agreement was invalid, either because of an unacceptable nature or an inappropriate influence; Since the court does not fall under the exception under section 7, paragraph 2 of the Act, the Tribunal found that there was no room for discretion to refuse the stay.

7 (1) When a party to an arbitration agreement opens proceedings in respect of a case that must be settled under the agreement, the jurisdiction in which the proceedings are commenced suspends proceedings at the request of another party to the arbitration agreement. The purchasers argued that the arbitration agreement was obtained as unacceptable and because of undue influence and that the court should therefore exercise its discretion to refuse the stay under section 7, paragraph 2 of the Act. Another drawback of arbitration is that arbitration decisions are not autonomous. In other words, the dominant party may be obliged to go to court to confirm the sentence, after which it could use all ordinary means to gather the verdict.


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