Legal Question in Real Estate Law in California

I was a buyer in a Real Estate purchase transaction. Escrow could not close in time due to an error the seller's HOA made in filling out paperwork. It was later corrected but resulted in a 1 week delay. The sellers then demanded another ~20K to extend the contract for 1 week, instead of accepting a per-diem as is customary, stating that the condo down the hall had sold for $40K more just that week. It was basically a way of raising their sale price using a technicality. They now refuse to answer requests for mediation or arbitration, as per the California purchase contract. The broker is the same for both the buyer and the seller. I have filed an unlimited civil case, however not sure that will fly since the mandatory arbitration was checked off.

Asked on 5/21/13, 6:09 pm

5 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

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It may be the case that they have to compel arbitration.

Answered on 5/21/13, 6:19 pm

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Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

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Jacob above me is right. A motion to compel arbitration is a request made to a court in a pending litigation matter to force a party to submit the dispute to arbitration.

You can search it yourself on the Net or contact me or any other lawyer close to your proximity for help if you need it

Answered on 5/21/13, 6:24 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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When a contract calls for arbitration and one party instead files a lawsuit against the other, the defendant has the option of ignoring the arbitration requirement and going to court, or asking the court to stay the court proceedings pending the outcome of arbitration. See the California Civil Arbitration statutes in the Code of Civil Procedure, especially CCP 1281.2 and 1282.4. If you are not using an attorney, I suggest you consider doing so at this stage.

Answered on 5/21/13, 6:30 pm

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Actually by filing suit without concurrently filing for a stay of proceedings and a motion to compel arbitration or mediation, you may have waived your right to do so. Please do not take offense, but you really are in over your head on this. You need to get an attorney involved at least advising you, if not fully representing you. If you would like to schedule an initial hour consultation at my San Francisco office, please feel free to contact me.

Answered on 5/22/13, 11:31 am

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