QUESTION
Am I able to arbitrate a "failure to disclose' real estate problem in Ca. if thr other person now lives in Nevada?
Asked on Jul 14th, 2016 on Real Estate - California
More details to this question:
Bought a house in Altadena in January 2016. Second day after move in we discovered severe flooding dues to a non operational drain and a grading issue that created flooding into the front and rear of our garage. Previous owner now lives in Nevada and we have attempted to settle this twice between us (he agreed twice and then backed out) and then backed out of a mediation the night before. Am wondering if I can just jump to arbitration with hm and do so if he is residing out of state
2 ANSWERS
And if he doesn't show up at the arbitration, the arbitrator can conduct the hearing without the seller and issue an award.
Then you can have the award perfected as a judgment, and have an attorney in Nevada enforce that judgment by having it made a Nevada judgment and attaching the seller's assets there. The attorney fees and expenses get added to what the seller owes you.
It will cost you some money and it will take awhile, but you should be able to collect it all.
Answered on Aug 09th, 2016 at 10:25 AM
Estate Litigation Attorney serving Redlands, CA
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Yes, if he has backed out of mediation, then you can go to arbitration.
Answered on Jul 15th, 2016 at 4:39 PM