Real Estate Dispute?

Are you involved in a Real Estate Dispute? Looking for a trained "Neutral"?

Jim W Hildreth is a certified Mediator who's specialty is conflicts and disputes with real property issues.

Serving the Bay Area, the Central Valley and the California Mother Lode.

Experienced and dedicated at resolving conflicts and treating each party with respect, dignity with open lines of communication.

Jim W Hildreth

www.RealEstateMediation.org

Mediation Best For Real Estate Disputes

Mediation best for real estate disputes
Robert Bruss
Sunday, November 20, 2005

Q: In September, we bought an older house, which had recently been remodeled. It has a flat roof. Our professional home inspector said the roof appeared to have been repaired recently.
During a moderate rain about a month after we moved in, it leaked in several spots. When we called the realty agent and the seller, they both said the roof didn't leak when the house was sold to us so they have no liability. We talked with two roofers who agreed the roof is shot and needs complete replacement. One roofer bid $12,500 and the other bid $14,850.
When we talked to our attorney, she reviewed our sales contract, which says we agreed to mediate any dispute that arises with the seller, but if that doesn't work we have to go to binding arbitration. When we signed our purchase offer, the Realtor pushed us to agree to arbitrate any disputes. Is that good or bad?
Vickie R.
Berkeley
A: Mediation of real estate sales disputes is fine, and I highly recommend it as a way to resolve buyer-seller disputes at very low expense.
When your attorney notifies the seller that you feel the house was misrepresented because the roof leaked badly in the first moderate rain after purchase, she will remind the seller of the contract obligation to mediate disputes.
The parties, with the help of their attorneys, will then choose a neutral mediator who has real estate experience. In a simple matter like this, mediation shouldn't take more than one day. Each party presents its evidence, such as your estimates. The parties usually split the fee of the mediator. If he or she is really good, the result will usually be a compromise of some type.
However, if mediation fails, because both buyer and seller agreed to binding arbitration for any sales disputes, you and the seller will choose an arbitrator who will hear the evidence and render a binding decision. That decision is then presented to the local court for confirmation so it becomes the equivalent of a judgment.
The big drawback of binding arbitration is there is no appeal, even if the arbitrator made a mistake.
When I buy or sell real estate, I never agree in the sales contract to binding arbitration of future disputes. My philosophy is that's not the time to give up my legal rights to a jury trial if a dispute arises.

Jim W Hildreth
www.RealEstateMediation.org

Acreage Purchase Leads to Dispute

After a year in escrow the seller & buyer became frustrated and the dream of owning 10 acres in the country began to fade.

Both parties had invested time, money and improvements were made.

In the end the buyer wanted out and the seller wanted damages.

Discussion of litigation, arbitation and using a California Real Estate Land Purchase agreement the contract spelled out for Mediation.

The parties along with agents met with Real Estate Mediator Jim W Hildreth and within 4 hours a written settlement was produced.

Litigation & Arbitration would have been costly and Mediation turned out to be productive in this land dispute.

Jim W Hildreth
www.RealEstateMediation.org

Inman Real Estate Blog

Real Estate News

http://www.inman.com/blog

Real Estate Mediation is Helpful

Thank you very much, Jim W Hildreth. We appreciated your time & efforts and found the mediation to be very straightforward & helpful. RB -Realtor

Jim W Hildreth Real Estate Mediator Guest Speaker

Jim W Hildreth Real Estate Mediator was the recent guest speaker at the Amador County Association of Realtors in Jackson CA. 95642

The March 20th 2008 meeting was conducted by Board President Joel Lesch.

Jim W Hildreth spoke to the real estate members about mediation and the many advantages of mediation vs arbitration and or litigation.

He gave multiple examples of how conflicts with real property issues were solved by open mediation an active communication.

He reviewed with the the group of 40 active agents and brokers that California Real Estate Forms have a built in Mediation Clause in both listings and purchase contracts.

His suggestion to the association was why Litigate when you can Mediate.

Testimonials About Jim W Hildreth Mediator

Testimonials

I'm glad that we decided to use Jim's skills and services as a mediator. He allows both sides to state their case, listens to what is being said and clarfies by asking questions, then summarizies what he has heard. If fairness is what you are looking for, look no further. BD- Sacramento January 2008

"I have witneesed several mediations previously, and I thought you performed your work exccedingly well. I believe both parties had an equal opportunity to be heard, and that you brought them together to resolve differences in a professional and unbiased manner". MF- Sacramento November 2007

"I want to say thank you for all you have done. I am amazed at how well you do your job. I have met too many so called professionals that were less than reasonable. You have a tremendous God given talent for talking with people. I truely thought this was going to be a brick wall meeting at best. I am glad that I was wrong." MH Plaintiff December 2007
"Jim is good in summarizing parties positions and asking clarifying questions"
"Jim has great people skills and a good listener who is fair and impartial" Greg Applegate City of Sonora
"Thanks for your help in solving the real estate dispute. My first experience with mediation, you made it flow easy, I was happy with the end results". Plaintiff
"I do not hesitate to recommend Jim Hildreth as a Mediator". Brenda Gaspar East Bay Mediation.