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- Newsgroups: ba.market.housing
- Path: sparky!uunet!charon.amdahl.com!netcomsv!netcom.com!schmidt
- From: schmidt@netcom.com (Margret B Schmidt)
- Subject: Re: Arbitration
- Message-ID: <1993Jan23.034052.26333@netcom.com>
- Organization: Coldwell Banker Residential Real Estate Services
- References: <1993Jan22.213354.17120@imagen.com>
- Date: Sat, 23 Jan 1993 03:40:52 GMT
- Lines: 51
-
- In article <1993Jan22.213354.17120@imagen.com> tom@crane.imagen.com (tom lowdermilk) writes:
- >
- > Two weeks into our contract the sellers are trying to
- >cancel it for financial and personal reasons. Apparently
- >
- > Anyway, we're refusing to accept our deposit back and
- >intend on going into arbitration. My big questions are what is
- >involved in doing this (time and money) and what are the chances
- >that we'll be able to buy the house (is it possible for
- >arbitration to force a sale?). We're not vindictive, we just want
- >the sellers to honor the contract and sell us the house.
-
- Some things you should think about before entering arbitration:
-
- 1) Your contract probably stipulates that the looser pays arbitration fees.
-
- 2) Fees are based on amount in question and start $100+.
-
- 3) If you had not elected arbitration, you would have to sue the seller for
- "specific performance" (you want them to perform by selling you the house).
- Only one judge in a thousand (if that many) is EVER going to make a seller
- move out of their house (their HOME!). The *most* you can hope for is
- minimal monetary damages to cover any expenses you might have incurred
- such as inspections, appraisals, credit report fees.
-
- It may seem that buyers get the raw end of the deal, after all they (usually)
- put up liquidated damages to show that they are prepared to "perform" or risk
- loosing their money. Sellers put up nothing--if they want out of the deal,
- they can do it with the only risk being having to pay for the buyers actual
- costs. (But the buyer is going to have to fight for that, because the sellers
- have no money in escrow.)
-
- My suggestion is walk away from this house. You aren't going to get it in
- arbitration, and may be stuck paying the fees. There are *alot* of houses
- on the market now, I'm sure another one will fit your needs.
-
- (If, however, you have paid for inspections and appraisals it may be worth
- going to arbitration to get the seller to cover those.)
-
- Good luck,
- --Margret
-
-
-
-
- --
- Margret Buckley Schmidt Coldwell Banker Residential (415) 329-1100 Business
- Realtor-Associate(R) Real Estate Services (415) 599-1882 Voice Mail
- 1295 El Camino Real (415) 328-4956 Facsimile
- schmidt@netcom.com Menlo Park, CA 94025-4295 PRODIGY: cvpv34b
-
-