Legal Question in Real Estate Law in Michigan
Purchaser sueing seller
Recently sold former marital home ''as is''. Purchaser has brought a lawsuit against only myself and excluded co-seller from litigation. Purchase agreement states arbitration is to be used to resolve any conflicts post sale, it is initaled by both parties on purchase agreement. Purchaser brought a lawsuit without going through arbitration. Doesn't arbitration clause prohibit a lawsuit? Would this lawsuit be considered null and void?
Also, can the seller single out who is to be sued when the home was sold by 2 people, my former spouse and myself?
Thank you.
1 Answer from Attorneys
Re: Purchaser sueing seller
You are correct. An arbitration clause in the purchase agreement is binding. This needs to be brought to the attention of the trial judge by motion as soon as possible. For more info, please contact my office at (248)851-3171.