Showing posts with label Real Estate News. Show all posts
Showing posts with label Real Estate News. Show all posts
Sunday, February 3, 2019
A difficult Mediation
Listen to the newest episode of my podcast, Real Estate Mediator: A Real Estate Dispute https://anchor.fm/jim-w-hildreth/episodes/A-Real-Estate-Dispute-e33o9t
Wednesday, December 5, 2018
Don't Let The Bed Bug Bite You
There is an old saying that you may have heard.
Don't Let The Bed Bugs Bite You.
As a California Landlord, you may be interested in knowing that as a Landlord
you are required to disclose in writing, general information about Bed Bug and
along with the procedure that the tenant must follow to report suspect infestations to you.
As of July 1st, 2017 the Bed Bug disclosure was required prior to creating a new tenancy, this requirement would include single-family homes that you rent along multi-family units such as Duplex, Triplex.
Starting January 1, 2018, California Landlords were required to give the written disclosure to all your existing tenants.
Cal.Civ.Code 1954.600 et Seq.
Jim W Hildreth-Mediator Para-Legal
Real Estate Mediation Services
Monday, June 13, 2011
Mediation Requirement C.A.R. Independent Contractors between Brokers/Agents
C.A.R. INDEPENDENT CONTRACTOR AGREEMENT REVISED DUE TO RECENT COURT DECISION
C.A.R. will release a revised standard form Independent Contractor Agreement (Form ICA) through zipForm® on or about June 15, 2011. As between brokers and their salespersons and broker associates, the ICA will now mandate mediation for any disputes that may arise and, if mediation fails, the ICA recommends, but does not require, arbitration at the local Association of REALTORS® (AOR). C.A.R. revised the ICA because a previous version requiring arbitration of disputes at the AOR, absent more, was recently deemed unenforceable in the Fourth District as discussed below (Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 123 Cal. Rptr.3d 1, review denied (April 27, 2011)). This case does not impact the overwhelming majority of arbitrations which are those between REALTORS® of different firms. It also does not impact the arbitration clause in the C.A.R. Residential Purchase Agreement, Residential Listing Agreement, and other C.A.R. forms.
C.A.R. will release a revised standard form Independent Contractor Agreement (Form ICA) through zipForm® on or about June 15, 2011. As between brokers and their salespersons and broker associates, the ICA will now mandate mediation for any disputes that may arise and, if mediation fails, the ICA recommends, but does not require, arbitration at the local Association of REALTORS® (AOR). C.A.R. revised the ICA because a previous version requiring arbitration of disputes at the AOR, absent more, was recently deemed unenforceable in the Fourth District as discussed below (Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 123 Cal. Rptr.3d 1, review denied (April 27, 2011)). This case does not impact the overwhelming majority of arbitrations which are those between REALTORS® of different firms. It also does not impact the arbitration clause in the C.A.R. Residential Purchase Agreement, Residential Listing Agreement, and other C.A.R. forms.
Thursday, April 21, 2011
Neighbor Dispute
The neighbors who shared a duplex came before the Superior Court for the request of a Restraining Order
with physical threats between a straight tenant and a gay couple.
Fear, law enforcement was called and the request for a "Stay Away"
The Superior Court suggested mediation and Jim W Hildreth was selected as the court appointed mediatior.
Within 2-hours mediation allowed the parties to craft a settlement and allowed the parties to take the emotionally charged dispute and reach for a settlement
Jim W Hildreth Mediator has office in Oakland & Sonora, CA
with physical threats between a straight tenant and a gay couple.
Fear, law enforcement was called and the request for a "Stay Away"
The Superior Court suggested mediation and Jim W Hildreth was selected as the court appointed mediatior.
Within 2-hours mediation allowed the parties to craft a settlement and allowed the parties to take the emotionally charged dispute and reach for a settlement
Jim W Hildreth Mediator has office in Oakland & Sonora, CA
Sunday, March 20, 2011
Acreage living Real Estate Dispute
Sometimes rural neighbors fight over easements as to the allowance of ingress egress, who should close the gate.
A Sonora California dispute has ended up in the courts over 2 neighbor adjoining parcels of who may or may not have a easement.
Litigation has been ongoing, surveyors have been called. The dispute has bee costly for all sides.
The Superior Court, County of Tuolumne has suggested mediation and all sides have agreed to voluntary mediation with Jim W Hildreth Mediator of Real Estate Mediation Services.
Mediation will allow the parties to openly discuss in a neutral setting their individual conflicts and the goal will be to come to some terms of settlement for access.
A Sonora California dispute has ended up in the courts over 2 neighbor adjoining parcels of who may or may not have a easement.
Litigation has been ongoing, surveyors have been called. The dispute has bee costly for all sides.
The Superior Court, County of Tuolumne has suggested mediation and all sides have agreed to voluntary mediation with Jim W Hildreth Mediator of Real Estate Mediation Services.
Mediation will allow the parties to openly discuss in a neutral setting their individual conflicts and the goal will be to come to some terms of settlement for access.
Saturday, March 5, 2011
San Andreas Main Street
Breach of Real Estate Contract Resolved in Mediation.
The breach of contract wit ha real estate dispute festered for over 5 years.
The parties made the decision to try Alternative Dispute Resolution, vs ongoing litigation.
The confidential mediation in San Andreas allowed the parties to speak freely and craft a settlement.
Jim W Hildreth of Real Estate Mediation Services http://www.RealEstateMediation.org was the chosen Mediator and acted as a neutral for both parties.
The breach of contract wit ha real estate dispute festered for over 5 years.
The parties made the decision to try Alternative Dispute Resolution, vs ongoing litigation.
The confidential mediation in San Andreas allowed the parties to speak freely and craft a settlement.
Jim W Hildreth of Real Estate Mediation Services http://www.RealEstateMediation.org was the chosen Mediator and acted as a neutral for both parties.
Saturday, February 12, 2011
Alameda County Bar Association
Jim W Hildreth recently took continuing education on Arbitration and Mediation from Attorney's Kelly Balamuth & Chris P Lavdiotis in Oakland, CA at the Alameda County Bar Association.
Jim W Hildreth serves on the Real Estate Section on the executive committee. As a mediator his focus are disputes involving real estate.
Jim W Hildreth serves on the Real Estate Section on the executive committee. As a mediator his focus are disputes involving real estate.
Monday, December 13, 2010
Amador County Superior Court
Jim W Hildreth Mediator was appointed to act as a mediator, "Neutral" for a County of Amador, Superior Court Dispute.
Hildreth is based in Sonora, and works closely with multiple courts in Northern California. He also works closely with the legal community and disputes involving real estate.
Hildreth is based in Sonora, and works closely with multiple courts in Northern California. He also works closely with the legal community and disputes involving real estate.
Friday, December 3, 2010
Friday, November 12, 2010
Jim W Hildreth Mediator
I completed recently a court appointed mediation in Sonora, CA. It was over a construction defect between a local contractor and the homeowners.
The Superior Court suggested mediation vs a trial.
After the mediation conclusion, I received a copy of a letter mailed to two Superior Court judges.
Jim Hildreth served as the mediator specifically appointed by Judge Provost, he did an excellent job, he showed great patience, with a dispute with high emotional tension.
Throughout the mediation Jim showed a particulary strong allegiance to the importance of mediation as an effective tool for the court, as well as adhereance to the ethical standards required of mediators.
The Superior Court suggested mediation vs a trial.
After the mediation conclusion, I received a copy of a letter mailed to two Superior Court judges.
Jim Hildreth served as the mediator specifically appointed by Judge Provost, he did an excellent job, he showed great patience, with a dispute with high emotional tension.
Throughout the mediation Jim showed a particulary strong allegiance to the importance of mediation as an effective tool for the court, as well as adhereance to the ethical standards required of mediators.
Friday, October 22, 2010
Alameda County Bar Association
Jim W Hildreth of Real Estate Mediation Services completed continuing education on Real Estate Hot Topics in Oakland, CA. The class was centered around a Court of Appeal Real Estate case Holmes v Summer whether California Real Estate Brokers representing a seller of residential real estate are under an obligation to the buyer of that property to disclose that it is over ecumbered and cannot in fact be sold to them at the agreed upon purchase price unless the either the lenders agree to a short sale or the seller deposits a whopping $392,000 in cash into escrow to cover the shortfall. This case should be a concern to brokers, salesmen and the general public especially in this period of rampant foreclosures and short sales.
Hildreth's practice has a focus with real estate disputes.
Hildreth's practice has a focus with real estate disputes.
Saturday, August 21, 2010
Concrete Sun
The manufacture of concrete products went out of state for six months.
His employee and he exchanged verbal instruction on the day to day operations, including a possible sale in the future.
Employee sold the business which included a bill of sale and paid bills.
He did not have any written authority
Employor was going to file criminal charges. The business had a new owner.
Jim W Hildreth Mediator was asked to mediate the dispute, prior to civil and criminal charges.
The parties aired the dispute, which was heated, the parties resolved the dispute.
Courts, attorneys and mediators have learned that its always best to have it in writing and verbal agreements have different opinions by the parties.
Mediation was valuable in this dispute.
His employee and he exchanged verbal instruction on the day to day operations, including a possible sale in the future.
Employee sold the business which included a bill of sale and paid bills.
He did not have any written authority
Employor was going to file criminal charges. The business had a new owner.
Jim W Hildreth Mediator was asked to mediate the dispute, prior to civil and criminal charges.
The parties aired the dispute, which was heated, the parties resolved the dispute.
Courts, attorneys and mediators have learned that its always best to have it in writing and verbal agreements have different opinions by the parties.
Mediation was valuable in this dispute.
Wednesday, August 18, 2010
Alameda County Bar Association
Jim W Hildreth mediator completed continuing education in Oakland, CA on the topic of Foreclosures. The class was Fundamentals of California Foreclosures.
The class covered the topic of alternatives to foreclosure, foreclosure time line's, post foreclosure, challenging the foreclosure and evictions.
The class was taught by two seasoned Bay Area Attorney's Matt Webb and Jim Nations.
As both a California Real Estate Broker and Certified Mediator, continuing education is valued and sought out, to add value in dealing with real estate conflicts and disputes.
The class covered the topic of alternatives to foreclosure, foreclosure time line's, post foreclosure, challenging the foreclosure and evictions.
The class was taught by two seasoned Bay Area Attorney's Matt Webb and Jim Nations.
As both a California Real Estate Broker and Certified Mediator, continuing education is valued and sought out, to add value in dealing with real estate conflicts and disputes.
Sunday, June 27, 2010
Tuolumne County Courthouse Real Estate Mediation
The parties were the landlord and the previous tenant
The landlord wanted $6,000 in back rent. The case was referred to Mediation.
Jim W Hildreth of Real Estate Mediation Services was selected as the Mediator for the Sonora dispute.
The room was filled with those ready to testify for each party.
Within 2 hours the dispute was settled and all parties left the table satisfied with the results.
The key was opening communication lines, the understanding of landlord/tenant issues, the local economy and a mediator who remained "Neutral" and had the ability to open communications.
The landlord wanted $6,000 in back rent. The case was referred to Mediation.
Jim W Hildreth of Real Estate Mediation Services was selected as the Mediator for the Sonora dispute.
The room was filled with those ready to testify for each party.
Within 2 hours the dispute was settled and all parties left the table satisfied with the results.
The key was opening communication lines, the understanding of landlord/tenant issues, the local economy and a mediator who remained "Neutral" and had the ability to open communications.
Monday, May 24, 2010
Mariposa County Courthouse
"Jim Hildreth's extensive knowledge and experience in real estate is invaluable in the mediation process. Coupled with his expert mediation skills, he is able to quickly assess the issues and assist parties in resolving real estate and property disputes." Ed Johnson, Attorney at Law.
Sunday, April 11, 2010
Real Estate Dispute
April 11 2010 by Jim W Hildreth Mediator
Real Estate Disputes comes in all shapes and sizes.
The landlord tenant dispute over owed rents, non -disclosure over leakage in a basement, a partnership
dispute on a business transaction or two peope living with one another.
Disputes often come about on poor communication or the lack of communications between the parties.
Simply we have a new generation that may be great with testing, e-mail, but they have forgotten that often its as simple as picking up the telephone.
"My rent will be late, can I make an arrangement with you ?"
"Should I disclose or not disclose that the property fronts a railroad track, its ovious"
"We will be breaking up, who will pay the mortgage?
"The property has annual water seepage only during the winter, should we disclose?"
Often when a dispute occurs it will fester and often the realty today is the next visit is with an attorney.
Today our courts are crowded, they are expensive and time consuming and stressful.
Many states including California have Dispute Resolution as an alternative to litigation. It is broken down to
Mediation & Arbitration.
Mediation in fact does often resolve disputes, if the parties are willing to compromise and listen to one another.
Mediators can be found with a simple serach such as Google or Yahoo for Real Estate Mediation, Real Estate Mediation Services.
Another good national site is http://www.Mediate.com
If your in a dispute, talk to your broker, attorney or legal hot-line about ADR Alternative Dispute Resolution.
Mediators are neutrals and do not take sides or positions, however they have been trained to guide and assist in conflicts.
Jim W Hildreth is a California mediator who's prime focus is disputes involving real estate, he works closely with the real estate and legal community and is both a private and court appointed mediator.
His website is htt://www.RealEstateMediation.org
Friday, April 2, 2010
Fresno Superior Court Appointment
April 2 2010
The Superior Court of California Fresno has appointed Jim W Hildreth to the panel of Mediators offering Alternative Dispute Resolution.
This appointment was based on experience and background and Hildreth will join other Mediator's available both to the court, the legal community and public at large for mediation.
Hildreth's background is decades of experience with real estate and as a "neutral" he offers all parties the ability to be objective and offers neutrality.
Jim W Hildreth-Mediator
www.RealEstateMediation.org
easement trail
Jim W Hildreth Real Estate Mediator will take continuing education at the Alameda County Bar Association with challenges that go hand-in hand
with resolving contentious real estate boundary disputes.
Jim W Hildreth of Real Estate Mediation Services has a specialty with real estate disputes and has mediated multiple easement disputes and resolved them in mediation.
One was a landlocked parcel on hundreds of acres in rural Amador County.
http://www.RealEstateMediation.org
with resolving contentious real estate boundary disputes.
Jim W Hildreth of Real Estate Mediation Services has a specialty with real estate disputes and has mediated multiple easement disputes and resolved them in mediation.
One was a landlocked parcel on hundreds of acres in rural Amador County.
http://www.RealEstateMediation.org
Tuesday, March 30, 2010
McHenry Mansion Modesto, CA
Jim W Hildreth Mediator of Real Estate Mediation Services has been asked to Mediate a non-disclosure dispute involving tree's between buyer & seller in Modesto, CA.
Hildreth's specialty is disputes involving real estate. His website for mediation information is www.RealEstateMediation.org
He serves the Bay Area, Central Valley & Mother Lode.
Hildreth's specialty is disputes involving real estate. His website for mediation information is www.RealEstateMediation.org
He serves the Bay Area, Central Valley & Mother Lode.
Wednesday, March 24, 2010
Family Real Estate Dispute
The Bay Area Family moved to the California Foothills, they purchased their dream home on acreage.
As time passed they offered their daughter and son in law a site on the 7 acre parcel for building their dream home.
They became neighbors.
As time passed, neighbor to neighbor issues developed, abandoned vehicles, excessive animals, the borrowing of funds to finish the house.
The daughter and her husband talked of a divorce.
The last five years have not been kind to those in the construction-real estate industry and values of real estate in the central valley have seen major price adjustments.
The home is presently worth less than what is owed.
Legal counsel was sought and the attorney has suggested mediation vs litigation.
Jim W Hildreth of Real Estate Mediation Services will serve as the neutral mediator among the family members.
Mediation is an alternative to litigation, it is private and confidential.
"Preserving family relationships" may also play a large role, says Hildreth.
Jim W Hildreth is a Mediator who's focus is dealing with real estate disputes.
As time passed they offered their daughter and son in law a site on the 7 acre parcel for building their dream home.
They became neighbors.
As time passed, neighbor to neighbor issues developed, abandoned vehicles, excessive animals, the borrowing of funds to finish the house.
The daughter and her husband talked of a divorce.
The last five years have not been kind to those in the construction-real estate industry and values of real estate in the central valley have seen major price adjustments.
The home is presently worth less than what is owed.
Legal counsel was sought and the attorney has suggested mediation vs litigation.
Jim W Hildreth of Real Estate Mediation Services will serve as the neutral mediator among the family members.
Mediation is an alternative to litigation, it is private and confidential.
"Preserving family relationships" may also play a large role, says Hildreth.
Jim W Hildreth is a Mediator who's focus is dealing with real estate disputes.
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