Legal Question in Real Estate Law in Arizona

Arizona Alternative Dispute Resolution Clause

I sold a home in 2007. The buyer has sued in me in AZ Superior Court me because they had to spend a substantial amount on roof repairs 1.5 yrs later. I have not answered the lawsuit yet.

We used the standard Realtor purchase contract that contains an ''Alternative Dispute Resolution Clause'' requiring any dispute to be mediated using the ''Realtors Dispute Resolution System''. I would like to file a motion to dismiss before I answer the lawsuit stating that the court does not have jurisdiction due to this clause in the purchase contract. Should I file this motion to dismiss first?


Asked on 1/23/09, 9:07 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Arizona Alternative Dispute Resolution Clause

Yes.

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Answered on 1/25/09, 2:15 pm


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