Legal Question in Real Estate Law in California

Re: Can a realtor be exclusively designated in a legal arbitration?

If you are not represented by an attorney, you need to take the arbitration agreement, together with all other documents relating to the "litigation" in which the property is involved. If you are represented by counsel, you need to discuss this matter with him or her.

Without more inforation, it would be very difficult to competenly respond to your questions.

Re: Can a realtor be exclusively designated in a legal arbitration?

You do need to reword your very confusing question so that one of us can try to give you an answer. Has a formal lawsuit been filed and what are the main issues, where does the arbitration agreement come form [the court sent it to arbitration, it is part of the purchase agreement, ?], did you agree to it,, how was the arbitrator chosen, is the failure to pay rent a violation of the purchase agreement or a separate agreement, etc.

Re: Can a realtor be exclusively designated in a legal arbitration?

An agreement to arbitrate is a private contract. The parties who are to sign it, and be bound by the arbitration, can include just about any terms they choose in the agreement. If the subject of the arbitration is co-owned real property, it is not unusual to specify the real estate salesperson to whom a listing will be given. Most arbitration agreements contain elements of a settlement, such as selection of means of disposing of disputed property, as well as the basic agreement to refer the remaining unsettled and disputed issues such as division of the money and payment of expenses, to the arbitrator for determination in his or her award.

A well-written arbitration agreement would contain a provision authorizing the arbitrator to take into account the relative good faith of the parties in carrying out their pre-arbitration duties in fashioning his or her award. Then, if there is unpaid rent or a costly delay in getting the property on the market, the arbitrator can take a healthy slice out of the guilty party's award and give it to the other party.