Non-Disclosure Issues- Potential Litigation

This Old House by Jim W Hildreth April 1 2008




The Old House sits at the top of the hill, affording good views of the Mother Lode Community of Sonora, CA a Gold Rush City.

The home is for sale and access to the home is parking on the city street and climbing rows of stairs.

A potential buyer made an appointment to preview the home with a Buyers Broker.

The first words from the buyer was "the
retaining wall that supports the parcel of land is slipping"

Upon further inspection the wall extended 8" from its original support and is sloping towards the city street.

With potential heavy rains, the potential for a wall collapse is evident.

The buyers Broker asked the listing Broker of any disclosures and the response was the agent had never noticed the buckled wall.

California civil code 2079 make it very clear that on one to four residential property include a
visual inspection to observe conditions which might affect the market value of the property and then entering those observation on Property (Transfer) Disclosure Statement.

The Buyers Broker would have the same obligations.

If the agents missed these disclosures, a future disaster for liability exposure would go beyond the potential collapsed retaining wall.

It is the wise agent, who will make a visual inspection and disclose.





























Jim W Hildreth-Mediator
www.RealEstateMediation.org
(209) 536-1103

A Diability and a Dispute

A Disability, and a Dispute

By JOSH BARBANEL NY Times
March 30, 2008

THE first thing that Barbara Gutmacher Girard asked about before signing a contract two years ago to buy a condominium at the Plaza Hotel was access for the handicapped, she recalled last week.
The question stems from a dispute that developed after Ms. Girard and her elderly mother, Rose Gutmacher, leased adjoining suites, for a total of $37,500 a month, at the Waldorf-Astoria Towers, the exclusive upper floors of the famed hotel on Park Avenue at 49th Street.
After moving in, in November 2003, the women found themselves caught up in disputes with the hotel management. The hotel had offered them a long-term lease in the tower but then abruptly withdrew the offer, raising the rent to $63,690 a month. The hotel asserted that Ms. Girard’s mother, who uses a wheelchair, created problems by repeatedly calling guest services for help in locating her daughter or a health aide, according to press accounts at the time.
They moved a few blocks away to the Towers, at the New York Palace Hotel, on Madison Avenue near 50th Street. In January 2005, they filed an $8 million discrimination lawsuit against the Waldorf, claiming violations of laws protecting the disabled.
In late February, a settlement was reached. The terms were confidential, and Ms. Girard’s lawyer, Marshal B. Bellovin, declined to discuss them, as did officials at the Waldorf.
But a handwritten stipulation in the court file indicated that though there was no finding of fault, the Waldorf agreed to pay $15,000 to a charity, the International Committee Against Mental Illness. In addition, the hotel agreed to install a curb cut near an entrance to the Waldorf on East 50th Street, and to inspect a ramp to make sure that it “supports an individual seated in a wheelchair” and that it “does not sway from side to side.”
A year after the suit was filed, Ms. Girard signed a contract on a condominium at the Plaza, which is on Fifth Avenue at the foot of Central Park. A couple of weeks after the suit was settled, she closed on a sprawling 1,760-square-foot two-bedroom on the 18th floor. The price was $4.7 million, according to property records filed last week.
But Ms. Girard said in a recent interview that in the last two years, she and her mother had become so comfortable at the New York Palace that they had not yet decided when and if they were going to move into their new condo.










Jim W Hildreth-Mediator
www.RealEstateMediation.org

Mediation Florida Homowners Associations

Mediation Requirement Streamlined for Florida Homeowners Associations
Statutory changes in Florida have streamlined the mediation process required prior to litigation of certain disputes between homeowners and members. The aggrieved party now can contact the other party directly with a written offer to mediate as set forth in the statute and propose a choice of five certified mediators. Seeking mediation in this way tolls the statute of limitations. If the dispute goes on to litigation or arbitration, attorneys’ fees incurred in the mediation may be recovered by the prevailing party. But those who do not participate in the entire mediation process may not recover any attorneys’ fees or costs.
The News-Press (February 28, 2008); Fla. Stat. § 720.311








Jim W Hildreth-Mediator
www.RealEstateMediation.org

Thats My Parking Space

Residents like to think they own the street in front of their houseBy DEREK J. MOORETHE PRESS DEMOCRATSaturday, March 29, 2008

On Vallejo Street in central Santa Rosa, a curious sign posted on a tree reads, "Parking for 1703 is across the street."


The sign reflects an ongoing parking dispute between neighbors in the pleasant subdivision near Brook Hill Elementary School.Never mind that Vallejo Street is a public thoroughfare, where anyone can park outside certain restrictions, such as the vehicle type and how long it stays.Legality aside, many people believe the street outside their homes to be reserved for their parking use only. And they can get mighty upset if someone dares violate that unwritten code."A person's home is their private domain, and people feel that way about their parking space in front of their house," said Cecilia Wilson, volunteer coordinator for Recourse Mediation Services, a Santa Rosa nonprofit agency that handles neighborhood disputes."When somebody infringes upon that, it's on the same level as a personal attack, like your private territory is being invaded."Leon James, a psychology professor at the University of Hawaii dubbed Dr. Driving because of his expertise on the subject of road rage and related issues, calls it a problem affecting "millions.""It's one of the little hassles of life that's very disturbing," he said.A parking dispute has taken center stage in the vandalism trial of Sebastopol City Councilwoman Linda Kelley, who prosecutors allege keyed a pickup outside her home because she considered the spot where the truck was parked to be hers.Kelley has denied the allegation.The case spotlights a common concern. More people than would care to admit harbor resentment at the sight of a vehicle that is not their own taking up space outside their home.Many believe that act violates the neighborly code that says the street outside a residence should be for that person and their guests.This applies more to suburban locales, where parking is often not the problem that it is in big cities, where people fight for whatever space they can find.Some view it as a matter of fairness. If your neighbors have so many vehicles that they can't fit them all in their garage or in the driveway, why should they take up the space in front of your abode?That appears to be one of the issues involved in the Vallejo Street standoff.Mark Davidson, who lives at 1703 Vallejo and is currently collecting unemployment, said he sometimes is forced to park vehicles on the street because he works on cars in his driveway. Two more cars occupy the garage.His neighbors across the street have sent letters to his landlord, who happens to be Davidson's father, complaining about the parking situation.Davidson said that in addition to the sign, the neighbors have left messages on his vehicles and those of friends saying they should be parked across the street."I think it's tacky. It's not their street," he said.The neighbors declined comment.Davidson admitted he left his sister's car parked in the contested spot for three days after the sign went up just to irritate the neighbors.But he insisted he's not done anything beyond that provocation and said he tries not to park there for more than an hour at a time.He was not receptive, however, to a reporter's suggestion that he create more space in his driveway as a way of breaking the impasse."There's plenty of room for neighbors to park here," he said.Acts of vandalism related to parking disputes are rare, Santa Rosa Police Sgt. Eric Litchfield said.He said most complaints police get are due to recreational vehicles, boats or other large vehicles taking up space on streets."I don't blame them," he said of angered residents. "You've got a 23-foot RV taking up four spots, plus it's sticking 8 feet out," he said.Wilson said she's fielded phone calls at the mediation service from people who are irate about parking issues with their neighbors.She recalled one man in particular complaining about a neighbor who parked all of his vehicles on the street to leave his driveway free.As with any dispute, Wilson said, resolving the issue is not a matter of who's legally right or wrong, but about getting the aggrieved parties to see the other person's point of view."That is really the basis of mediation, getting people to see how their actions are affecting somebody else. A lot of times, people have no idea," she said.The layout of Sebastopol's Eleanor Avenue, where Kelley lives, requires residents to try to get along.Some homes on the narrow street near Palm Drive Hospital don't have driveways or garages, forcing people to spread out."If you go there really early in the morning or late at night, man, there is no place to park," said Bill Anstead, who lives on the street and owns a local market. "I'm fortunate. I have two driveways and two garages where I park six cars."James, author of "Road Rage and Aggressive Driving: Steering Clear of Highway Warfare," said people can easily lose control if they let their feelings of anger and entitlement spiral out of control."You have to stop ruminating. That's the first rule," he said.James said he sees nothing wrong with discussing the issue with a neighbor, so long as it's done in a tactful way."If it doesn't work out, at least you are able to give it up more easily than if you hadn't tried," he said.












Jim W Hildreth-Mediator
www.RealEstateMediation.org

March 25 2008 Testimonial

Hello Jim W Hildreth, Thank you very much for your expertise & professional Mediation Services. We were very impressed with your professionalism, knowledge and appreciated your prompt attention. Hopefully we won't have to use you again Ha! Ha! Thanks RB Real Estate Broker March 2008






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

Real Estate Mediation Blog By Jim W Hildreth

March 24 2008

New Real Estate Mediation Blog
Real Estate Mediation BlogFrom InmanWikiThere are may articles written about real estate; however, there are few about Real Estate Mediation.This is a new blog that will deal with real estate and disputes.Disputes can have many faces.Landlord-Tenant issuesContract Disputes, buyer-sellerNon-Disclosure IssuesBroker vs AgentHomeowner associationsProbateMoldRealtor DisputesConstruction-Related DisputesMediation is a process in which a "neutral" person -- the mediator -- helps parties reach a settlement to their dispute by opening lines of communication, objectively evaluating the case, identifying the parties' real needs and finding a solution to address those needs.Mediation is an [Alternative Dispute Resolution] process of exploring solutions and negotiating mutually acceptable resolutions.Unlike the legal process, mediation allows the parties to decide the fairest and most reasonable solution.However, mediation is voluntary and will not waive your rights to later pursue the matter legally.One excellent source for information is Mediate.com, which features extensive articles and the ability to locate a mediator in your own community.Many cities have local mediation panels that can be found via a local telephone directory or the Internet.Many courts also are developing mediation panels as an alternative to the litigation road.In the San Francisco Bay area, East Bay Mediation, located in Berkeley, has volunteer mediators and mediators who specialize in area of conflict resolution.In Modesto, Calif., Stanislaus County has trained mediators from the local bar association who partispate with the local Superior Court.Many states have a mediation clause both in the listing and buyer seller agreements that offer mediation as a first step, vs [Arbitration] (Binding or non-Binding) and [Litigation].Jim W Hildreth - MediatorRetrieved from "http://www.inmanwiki.com/Real-Estate/Real_Estate_Mediation_Blog"

March 24 2008

Phases of a Mediation

Mediation Conference

The following are the phases of a Real Estate Mediation.

1. Mediator's opening statement and questions. A review of the process, rules,
goals, the confidentiality and neutrality.
2. Parties initial statements or questions.
3. What are the issues?
4. Creation of an agenda.
5. Communication, feelings, thoughts and venting.
6. The Caucus (Private Meeting) with the parties to clarify needs, options and solutions.
7. Building an agreement. What may be workable.
8. Conclusion An agreement is reached & signed before leaving mediation or an agreement that
no further progress can be made.
The next step can lead to arbitration or litigation.
The mediation conference success is up to the parties and the williness to listen and the williness to work towards resolution.
The time process can be as short as an hour, a half day or longer.
My experience is that 2-4 hours is normal.
Of my past mediations, setttlement did occur and the dispute were successfull resolved.
Jim W Hildreth- Mediator
Mediating Real Estate Disputes
http://www.realestatemediation.org/