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Chapter 4 Contract Disputes and Mediations
Ryan Huggins - Thousan...
Thousand Oaks, CA
Debe Maxwell, CRS
Ron and Alexandra Seigel
I have never had a dispute over something as plain as black and white.
Debe Maxwell, CRS
No real experience with contract disputes in 25 years; if there were, I'd be going to the attorney.
abby tiscareno No, contract disputes do not happen often.
Rare to have them happen.
Rare, like steak cut fresh from a cow.
Look to the contract, litigation, mediation or arbitration are the usual methods!
The more vague the contract...the more likely a dispute will arise
abby tiscareno I have not had any - yet
In the transactions I am involved in it is rare to have a contract dispute. I make sure the contracts are very clear and concise.
Complete the Contracts and forms correctly, and you minimize the chance of a problem. Should a "dispute" arise that cannot be quickly remedied, see an Attorney for legal advice.
Smart people find common ground and work it out without lawyers.
It is you job to avoid contract disputes by having clear communications on the front end.
Thankfully I haven't had any experience with contract disputes.
Not frequent and in many cases no grounds exist if handled right. Litigation, threats and doing the math as to the outcome gain or loss is how it is settled
Not really. Our contracts are cut and dried and either you write them up correctly or......you don't.
It's usually not such a heavy thing. Most of the "contract disputes" involve things like the seller not wanting to do required repairs or not being ready to settle on time. This is the kind of stuff agents deal with. If it's anything that is complicated, remember that you can't practice law without a licence.
Nope, very rare.
Rare when agents do their job.
Common when buyer and sellers start talking to each other without supervision.
How are they solved? The American way! Call the attorneys.
Manage your clients and you/they will not be paying attorneys.
Depends on your definition of dispute.
Not frequent. But the first thing is to get managing Brokers involved with seeing if a consensus can be worked out if the agents can't do this. After that, disputes are resolved as determined in the contract. In Oregon, disputes less than $10,000 are handled in small claims court. Over that figure it is mediation and arbitration.
It is not "frequent", but it does happen. Well written contracts cannot be disputed. That is not to say someone might not change their mind and want to get out of a contract. That is up for negotiation, not dispute. It is important to structure the contract properly and be sure both parties understand the rights and obligations before signing.
it's rare to have contract disputes ,but, if and when it happens, an attorney would be the right choice to solve the dispute....each party with whom we do business has an attorney from day one....