Real Estate Mediation, Real Estate Mediation Services

California Solar Easement and the Solar Shade Control Act

noreply@blogger.com (Jim W Hildreth) — Fri, 28 Dec 2012 17:37:00 +0000

California Solar Easement and the Solar Shade Control Act: California’s solar access laws appear in the state’s Civil, Government, Health and Sa

Jim W Hildreth-Mediator
http://www.RealEstateMediation.org

Alameda County Superior Court, Oaklans, CA

noreply@blogger.com (Jim W Hildreth) — Mon, 24 Dec 2012 16:35:00 +0000

Untitled, a photo by TulipFleurs on Flickr.

Oakland, CA Happy Holidays from Real Estate Mediation Services.
http://www.RealEstateMediation.org

Arbitrator Training Jim Hildreth

noreply@blogger.com (Jim W Hildreth) — Tue, 20 Nov 2012 00:32:00 +0000

Arbitrator Training, a photo by JimHildreth on Flickr.

Completion of Arbitration Training at The San Francisco Bar Association November 2012

Palo Alto Online : Real Estate Matters

noreply@blogger.com (Jim W Hildreth) — Wed, 31 Oct 2012 18:36:00 +0000

Palo Alto Online : Real Estate Matters

Jim W Hildreth Mediator

noreply@blogger.com (Jim W Hildreth) — Wed, 24 Oct 2012 22:42:00 +0000

I had the opportunity to work with Jim Hildreth on one of my Real Estate transactions recently in Copperopolis, CA. This transaction required Mediation Services. Mr. Hildreth was the Mediator. He followed through with every detail and the transaction closed escrow in a timely manner.

California Landlord Tenant Dispute

noreply@blogger.com (Jim W Hildreth) — Fri, 12 Oct 2012 15:46:00 +0000

As a mediator I was assigned a mediation between Landlord and Tenant, over a dispute involving the security deposit. The landlord had taken a larger amount of the security deposit and the case ended up in court.

Legal disputes between landlords and tenants have gained a reputation for being almost and strained and emotional as divorce court.

Many disputes are unnecessary and could be avoided.

In this case, Landlord had used a property manager, and no move in or move out inspections were completed.

In the mediation it was apparent communications between all parties had broken down, including the property manager.

Questions about worn carpet, a room with no heat, a room that had been painted for a baby's room, cost that were deducted filled the room in the 2.5 hour dispute.

The lesson to be learned in this heated exchange, that if the property manager had used an initial Move In Check List and had been copied to the landlord and in the end when tenant requested a Move Out Inspection, the manager should have completed this task, much of this dispute would have been avoided.

In addition it is the wise Landlord who will invest in knowledge of Rights and Responsibilities of Landlord Tenant Law in California.

It is also prudent, that tenants know their legal rights.

One good source for both Landlords ad Tenants is the Nolo Series http://www.Nolo.com, you can order these online, buy them at your favorite bookstore, or often find them at your local Law Library.

For the real estate community Move In and Move Out Inspections forms are available via the California Association of Realtors.

In the end the parties reached a settlement in Mediation.

Jim W Hildreth-Mediator-Referee- Arbitrator
http://www.RealEstateMediation.org

noreply@blogger.com (Jim W Hildreth) — Mon, 01 Oct 2012 18:38:00 +0000

California Landlord News

Landlord May Dispose Abandoned Personal Property Less Than $700: Commencing January 1, 2013, the total resale value of personal property left behind by a tenant after termination of a tenancy that the landlord must sell at a public auction (rather than dispose of or retain for his or her own use), has been increased from $300 to $700, if certain procedures are followed. This law, however, also prohibits a landlord from assessing any storage cost if the tenant reclaims personal property within 2 days of vacating the premises. The statutory notices of Right to Reclaim Abandoned Property have been revised to reflect these changes. Furthermore, a landlord’s notices of termination of tenancy and pre-move out inspection must contain specified language that former tenants may reclaim abandoned personal property left on the premises, subject to certain conditions. Assembly Bill 2303.

Jim W Hildreth-Mediator www.RealEstateMediation.org

noreply@blogger.com (Jim W Hildreth) — Mon, 01 Oct 2012 18:11:00 +0000

Foreclosure News & Notice of Default with your Tenants.

Landlord Must Disclose Notice of Default to Prospective Tenants: Starting January 1, 2013, every landlord who offers for rent a residential property containing one-to-four units must disclose in writing to any prospective tenant the receipt of a notice of default that has not been rescinded. This disclosure must be made before executing a lease agreement. If a landlord violates this law, the tenant can elect to void the lease and recover one month’s rent or twice the amount of actual damages, whichever is greater, plus all prepaid rent. If the lease is not voided and the foreclosure sale has not occurred, the tenant may deduct one month’s rent from future amounts owed. The written disclosure notice as provided by statute must be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. A property manager will not be held liable for failing to provide the written disclosure notice unless the landlord has given the property manager written instructions to deliver the written disclosure to the tenant. This law will expire on January 1, 2018. Senate Bill 1191.

Jim W Hildreth-Mediator www.RealEstateMediation.org

noreply@blogger.com (Jim W Hildreth) — Mon, 01 Oct 2012 18:06:00 +0000

California Smoke Alarm News.

Smoke Alarm Requirements for Home Improvers and Landlords: Starting not next year but January 1, 2014, for all dwelling units intended for human occupancy for which a building permit is issued for alterations, repairs, or additions for more than $1,000, the issuer of the building permit will not sign off on the completion of work unless the owner demonstrates that all smoke alarms (previously “smoke detectors”) required for the dwelling unit are devices approved by the State Fire Marshal. Also starting January 1, 2014, to be approved and listed by the State Fire Marshal, a smoke alarm must display the date of manufacture, allow a place for the date of installation to be written, incorporate a hush feature, incorporate an end-of-life warning, and, for battery-operated devices, contain a non-removable 10-year battery. These rules may be superseded by a local rule or ordinance that is more stringent than state law. For properties rented or leased, an owner is generally responsible for testing and maintaining smoke alarms in an apartment complex or other building starting January 1, 2013 and in a single-family residence starting January 1, 2014, and also responsible for installing additional smoke alarms as needed to comply with building standards starting January 1, 2016. Senate Bill 1394.

Jim W Hildreth-Mediator www.RealEstateMediation.org

Modified Seller 2nd Note Wiped Out

noreply@blogger.com (Jim W Hildreth) — Thu, 06 Sep 2012 15:03:00 +0000

Amador County Superior Court, a photo by JimHildreth on Flickr.

Modified Seller Held Note Subject to Anti-Deficiency Statutes.

Appellant buyers purchased a multi-unit parcel from the seller for $1,265,000.00. The purchase price consisted of a cash down payment, a purchase money first trust deed financed by an independent lender, and a purchase money second trust deed in favor of the seller securing a promissory note for $245,000.00.

A few years later, the buyers sued the seller for non-disclosure of housing code violations in the original transaction. In settlement of that lawsuit, the parties agreed to reduce the amount of the seller’s note. The note was also modified to extend its term and reduce the monthly payments to interest only

Sometime thereafter, the buyers defaulted on both first and second promissory notes. The holder of the first trust deed foreclosed on the property, wiping out the second trust deed.

The seller, thereafter, filed a motion to enforce the settlement agreement as a separate judgment under the provisions of section 664.6 of the Code of Civil Procedure, claiming the full amount of the note plus interest and attorneys’ fees. The buyer opposed the motion on the grounds that the anti-deficiency statute (section 580b of the Code of Civil Procedure) precluded the seller from recovering a deficiency judgment and limited the seller’s recovery to the note’s security, which had been exhausted. The trial court entered judgment in favor of the seller for $215,615.00 for the principal amount, unpaid interest, and attorneys’ fees.

The Second District Court of Appeal reversed the judgment in Weinstein v. Rocha B235931, filed August 1, 2012. The DCA held that the settlement agreement, “… did not create a separately enforceable independent obligation…” for the buyer to pay the seller $200,000.00. The settlement agreement was tied to the promissory note as a modification of the terms of the note, which was a seller financed note secured by a deed of trust. As such, the seller’s sole remedy was limited to his note’s security, which was exhausted by the foreclosure of the first trust deed.

Orange grove, Orange County, 1961

noreply@blogger.com (Jim W Hildreth) — Thu, 23 Aug 2012 23:04:00 +0000

Orange grove, Orange County, 1961, a photo by Orange County Archives on Flickr.

Was asked to resolve a dispute today in Orange County involving a consumer and a real estate agent, who is being rude, defensive and unprofessional. Jim Hildreth Mediator of Real Estate Mediation Services http://www.RealEstatemediation.org has a specialty involving & resolving real estate disputes in California.

Superior Court

noreply@blogger.com (Jim W Hildreth) — Wed, 22 Aug 2012 04:37:00 +0000

Superior Court, a photo by JimHildreth on Flickr.

Will meet with a Buyer over a California Estate Dispute involving non-disclosure issues.

Reminder Californians

noreply@blogger.com (Jim W Hildreth) — Wed, 18 Jul 2012 10:10:00 +0000

Contaminated Smoke Detector, a photo by rport on Flickr.

Just a reminder, The bottom line is that ALL SINGLE FAMILY 1-4 dwelling California residential dwelling units as of July 1, 2011 must have a CO detector, even those that are not being sold. All other dewlling units (multi-family, dormatories, hotels, motels, etc) must have CO detectors installed by January 1, 2013.

Columbia Stage Coach

noreply@blogger.com (Jim W Hildreth) — Sun, 15 Jul 2012 00:25:00 +0000

Columbia Stage Coach, a photo by JimHildreth on Flickr.

In the past five years, I have done some interesting mediation's, from a stolen tractor, guns, a mummy cat, dog disputes and today I was asked to mediate a dispute involving a passenger on a stage coach.

I look forward in being the mediator.

4th of July Ironstone Vineyards

noreply@blogger.com (Jim W Hildreth) — Wed, 04 Jul 2012 09:53:00 +0000

4th of July Ironstone Vineyards, a photo by JimHildreth on Flickr.

Happy 4th my friends.

Mediation ADR Advantages

noreply@blogger.com (Jim W Hildreth) — Tue, 03 Jul 2012 15:35:00 +0000

Untitled, a photo by TulipFleurs on Flickr.

ADVANTAGES OF ADR
ADR can have a number of advantages over a lawsuit.
•
ADR can save time. A dispute often can be resolved in a matter of months, even weeks, through ADR, while a lawsuit can take years.
•
ADR can save money. Court costs, attorney fees, and expert fees can be saved .
•
ADR can be cooperative. This means that the parties having a dispute may work together with the neutral to resolve the dispute and agree to a remedy that makes sense to them, rather than work against each other.
•
ADR can reduce stress. There are fewer, if any, court appearances. ADR can be speedier, and save money and because the parties are normally cooperative, ADR is easier on the nerves . The parties don't have a lawsuit hanging over their heads for years.
•
ADR encourages participation. The parties may have more chances to tell their side of the story than in court and may have more control over the outcome.
•
ADR is flexible . The parties can choose the ADR process that is best for them. For example, in mediation the parties may decide how to resolve their dispute.
•
ADR can be more satisfying. For all the above reasons, many people have reported a high degree of satisfaction with ADR.
Superior Court,

Tuolumne County Superior Court

noreply@blogger.com (Jim W Hildreth) — Sat, 30 Jun 2012 15:09:00 +0000

Tuolumne County Superior Court, a photo by JimHildreth on Flickr.

Do not risk loosing Attorney fees in California Real Estate Disputes awarded to the prevailing party in litigation. Mediate that dispute first.

Cullen vs. Corwin C-067861 06-07-12

California Landlord Tenant Dispute

noreply@blogger.com (Jim W Hildreth) — Wed, 20 Jun 2012 17:12:00 +0000

The California landlord and tenant have a one year lease. The landlord insist on a one year extension. Landlord prepares a written extension and signs the document. Tenant refuses to sign the extension.

A physical fight develops and tenant end up in hospital with a $6,000 medical bills.

Both the Landlord and tenant insist the other provoked the fight.

Each files criminal assault charges against one another.

Landlord seeks emergency legal advise. No attorney's are available that day.

A mediator is called for a "emergency", landlord insist on an emergency mediation, however his real intentions is a "walk thru" as he wants tenants out.

Tenants refuse the mediation request and then change their mind, after trusting the mediator.

All parties agree to meet with the out of town landlord and mediator. The walk thru is not a mediation, and landlord further agitate tenants and they advise the landlord to leave their home.

Mediator's suggestion is let things settle down for a few days. Landlord want to serve a 3-day notice.

Landlord call both the tenants and mediator over and over wanting instant results.

Landlord promises mediator payment in full within days. Check does not arrive.

Landlord makes decision to partially pay mediator as he does not want to pay for 40 minutes of phone time prior to the walk thru.

Landlord claims wife sent check, landlord promises check will be in mail.

Tenants refuse to pay current rent as they do not trust the landlord.

Landlord has $3,000 security deposit.

Tenant's cant move unless they have their security deposit returned.

Mediator suggest a draft settlement.

Both landlord and tenant refuse to pay mediator, landlord sees it as a no value and tenant has no funds.

Landlord suggest a extra 30 days, with the same rent, but wants late charges weeks that equals $250 dollars, the previous late charge was $50.00

Looks like this dispute may end up in court.

All in a days work, as a California mediator.

Jim W Hildreth-Mediator
Real Estate Mediation Services
http://www.RealEstateMediation.org

Amador County Superior Court

noreply@blogger.com (Jim W Hildreth) — Sat, 09 Jun 2012 15:23:00 +0000

Amador County Superior Court, a photo by JimHildreth on Flickr.

A trail is set in early July 2012, for a partnership that has gone sour. The challenge is none of the partners had a written agreement, and millions of dollars are on the table. The case was sent to mediation and a second mediation is set prior to trial as a last ditch effort to attempt to bring the parties together in some form of resolve, thus avoiding a costly and emotional trial. Jim W Hildreth is the mediator neutral of Real Estate Mediation Services.

Oakland Skyline

noreply@blogger.com (Jim W Hildreth) — Sat, 09 Jun 2012 15:05:00 +0000

Oakland Skyline, a photo by JimHildreth on Flickr.

Will complete this week in Oakland, CA a real estate mediation, involving a foreclosure and the owner of the fourplex. At the table will be multiple attorneys and the parties of record. Jim W Hildreth is the mediator neutral. http://www.RealEstateMediation.org

Jim Hildreth Mediator

noreply@blogger.com (Jim W Hildreth) — Fri, 08 Jun 2012 12:56:00 +0000

Jim Hildreth, a photo by Miss Bliss 55 on Flickr.

As a mediator, I travel from city to city in Northern California, doing real estate disputes. I like mediation and the satisfaction, that often it opens the doors to resolve disputes vs ongoing litigation. We have just taken the next step of offering mediation's CA via http://www.VirtualCourthouse.com. We can lower your cost and safe time.

Real Estate Mediation Services of Jim W Hildreth (209) 988-3905
http://www.RealEstateMediation.org

Happy Holidays

noreply@blogger.com (Jim W Hildreth) — Thu, 22 Dec 2011 15:28:00 +0000

12-20-2011 Historic Sonora Chamber Meeting, a photo by JimHildreth on Flickr.

Happy Holidays & Merry Christmas 2011

Real Estate Mediation Update 12-17-2011

noreply@blogger.com (Jim W Hildreth) — Sat, 17 Dec 2011 22:25:00 +0000

Real Estate Disputes come in all shapes and sizes.

The seller disclosed the basement leaked a half a inch and the realty is the basement fills to 4 feet in the winter.

The homeowner did not disclose that the septic system is on the neighbors property.

The landlord and tenant are fighting over the security deposit.

The neighbor thought they were doing their a neighbor a favor, after a winter storm and cut down the 60 foot Ponderosa Pine Tree while the neighbor was absent.

The business partners who run a 7 million dollar business and do not have a written partnership agreement.

The homeowner who does not disclose to the buyer, that the sewer backs up 3-4 times per year.

The real estate agent orders a well to be dug for a buyer, the property is in escrow and falls through.

The Buyer who places a deposit of $50,000 dollars into escrow, and cancels the purchase

after waiving all contingencies.

The realty is that most real estate transactions are completed with satisfied buyers and sellers and

there are options in California when a dispute arises.

In California most real estate transaction's, the local real estate community will use forms

from the California Association of Realtors and within that a written agreement is a provision for dispute resolution called Alternative Dispute Resolution or ADR.

In California its broken down to two components.

Mediation and Arbitration.

In recent years, our society has seen a dramatic increase in litigation. Turning to the courts to resolve disputes seems to be an almost instinctive reaction these days. However, the sobering reality is that lawsuits can be financially and emotionally draining for the participants, and can even impact our economy over the long-run. While buyers and sellers of real estate usually are able to negotiate away the little disputes that arise in the course of their transactions, sadly those disputes do sometimes end up in lawsuits.

Fortunately, there are alternatives to litigation for resolving disputes. Mediation is one such alternative that is growing rapidly in popularity--one that can dramatically reduce the time and cost (both emotional and financial) of resolving disputes. In fact, many real estate contracts, including those published by C.A.R., now require the parties to mediate many disputes that might arise between them.

Mediation is the first phase between the parties and Arbitration is a opt in our out, where the parties agree approve or deny.

Mediation is the term used to describe a relatively informal form of dispute resolution that occurs outside of the court system. In mediation, the parties to the dispute are assisted by a neutral third person called a mediator. The mediator is not empowered to impose a decision on the parties; instead the mediator facilitates discussions and negotiation between the parties with the goal of assisting them in reaching a mutually acceptable settlement of their dispute .

How is mediation different from other dispute resolution processes?

To understand how mediation is different from other dispute resolution processes, it is helpful to compare it against the various characteristics of the most common dispute resolution processes in use today: negotiation, litigation and arbitration.

Negotiation is simply the process whereby parties meet to discuss a settlement of their dispute. This can be done face-to-face or through authorized representatives, such as attorneys. Negotiation is usually done outside of the court system and does not have to follow or conform to any formal rules or procedures.

Litigation is an adversarial process whereby the parties submit evidence to a judge or jury and then rely on the judge or jury to make and impose a binding decision regarding the dispute. Litigation is governed by formal rules and procedures of court and generally is time consuming and expensive. Since it is adversarial, litigation is in effect a contest in which a winner and loser are selected.

Arbitration is similar to litigation in that it is an adversarial process whereby the parties submit evidence to a neutral third person (the arbitrator) who then renders a decision regarding the dispute. However, arbitration is usually private and not conducted in the surroundings, or under the formal rules and procedures, of courts. In order to compel another party to arbitrate a dispute, in most cases the parties must have previously entered into an agreement to arbitrate their disputes.

Mediation is different from litigation and arbitration in many respects. Perhaps the most significant difference is that mediation is a non-adversarial process. That is, the parties do not argue their positions and give decision-making power to a third party. Instead, the mediator's role is to assist the parties in achieving a mutually agreeable resolution of their dispute.

There is a exemption, that is a value to the local consumer, starting January 1^st 2012, the individual parties can turn to their local California Superior Court, Small Claims Division as long as the dispute does not exceed $10,000, previously is was $7,500.

This process is quicker, cost effective and timely.

In addition many small claims courts may have a panel of mediators available to act as a mediator or neutral.

As an example the Tuolumne County Superior Court has a active mediation panel for Alternative Dispute Resolution and has a settlement rate close to 90% of cases resolved in mediation.

Its best to review the individual programs, available with your individual local court.

This can be done with a quick phone call to the local County Clerk or checking the website

of the individual Superior Court under ADR.

How much does mediation cost and who pays for it?

The cost of mediation depends on a variety of factors. For example, many government agencies sponsor mediation programs for the public, which are available for free or at a nominal cost. However, there are numerous private mediators and mediation services that provide mediation to the public as well. The cost of private mediation can vary but typically includes an initial filing or processing fee plus an hourly fee for the mediator's services, both of which can vary depending on the mediator or mediation service. Parties contemplating mediation should compare mediation providers and their costs prior to selecting a mediation service. Usually the parties agree to divide mediation costs equally between them. This is the case if a California Association form is used.

As to the above example, of a Real Deposit Dispute of $50,000, a mediation can be cost effective vs litigation or a arbitration.

I have settled many disputes where each disputant paid less than $600 each to settle a complex case.

Where do I locate mediators and mediation services?

Mediators and mediation services can be located by looking in the local telephone directory (e.g., under "Mediation," "Arbitration," or "Dispute Resolution"), by contacting government agencies such as the California Department of Consumer Affairs, or by asking an attorney or a local bar association (association for attorneys) for referrals. In addition, many mediation providers maintain Internet websites.

http://www.Mediate.com/

http://www.ADRTimes. Com

Another way is to do a Google or Yahoo Search under Real Estate Mediation or Real Estate Mediator.

What if mediation does not resolve my dispute?

While mediation is highly successful, in the event mediation does not resolve a dispute, the parties are free to pursue any other system of dispute resolution available to them. For example, if the parties entered into an arbitration agreement, they could pursue arbitration. In the absence of an arbitration agreement, the parties would likely have to resort to litigation.

It should be noted that even if mediation does not resolve the dispute, it is still an effective way of narrowing areas of dispute, allowing the parties to express their feelings, and enabling future proceedings to be more efficient and focused.

Why Litigate when you can Mediate and today the consumer has other alternative in a real estate dispute

versus the cost and stress and litigation.

The author Jim W Hildreth is a California based mediator who is both a private and court appointed

certified mediator who's focus is real estate disputes.

http://www.RealEstateMediation.org/

2012 Mediations

noreply@blogger.com (Jim W Hildreth) — Mon, 28 Nov 2011 17:22:00 +0000

Jim W Hildreth Mediator is now scheduling 2012 mediation's

We specialize in real estate disputes in Northern California, serving the San Francisco
Bay Area, Central Valley & Mother Lode.

Questions about the mediation process, give us a call, will be happy to answer
any and all questions.

Jim W Hildreth-Mediator
Real Estate Mediation Services
(209) 988-3905 or (510) 647-3600

Alameda County Bar Association

noreply@blogger.com (Jim W Hildreth) — Wed, 26 Oct 2011 00:11:00 +0000

Alameda County Bar Association, a photo by JimHildreth on Flickr.

I will be attending as a Real Estate Mediator. New Developments in Landlord-Tenant Law Jim W Hildreth #Mediator
Location: Alameda County Bar Association, Suite 200, 70 Washington Street, Oakland.
Description: Landlord-tenant law is constantly changing. This program will discuss new cases and statutes dealing with eviction procedure, wrongful eviction lawsuits, rent control, tort liability, and other issues. The panelists – experts with long experience handling landlord-tenant cases – will emphasize the practical effects of these new developments on clients and practitioners. Robert DeVries, Esq., who has represented both landlords and tenants for many years, will join Professor Moskovitz on the panel.