An unfortunate reality of real estate is that there is the potential for things to go wrong – often very wrong. Mediation can be the one option to resolve these wrongs or any disputes about a contract and it is built into Texas real estate contracts. Paragraph 16 of the 1-4 Family Residential Contract provides the option for buyers and sellers to decide in advance of these potential conflicts that they will pursue the mediation option before lawyering-up, so to speak.
Mediation is not just reserved for disputes between buyers and sellers, but can be used between agents, between agents and clients, and between parties to a contract and service providers as well.
It can be quick – usually dates can be set within a few weeks and resolution takes only a few hours or days.
Types of Real Estate Cases Mediated by Laura Alpert:
∙ Buyer/Seller – pre-litigation issues, escrow deposits, specific performance, breach of contract, non-disclosure, etc.
∙ Brokerage – pre-litigation issues, agency issues, commissions, non-disclosure, negligence, breach of fiduciary duty, etc.
∙ Construction – mechanics lien, breach of contract, nonpayment, defective construction, etc.
∙ Co-ownership – partition, buy/sell, accounting, quiet title, off record ownership, trustee issues, nuisance, waste, etc.
∙ Development – partnership dissolution, management issues, breach of fiduciary duty, breach of contract, etc.
∙ Homeowner Associations – CC&Rs, common area issues, owner/HOA issues, construction, etc.
∙ Landlord/Tenant – residential, commercial, breach of lease, wrongful eviction, habitability, nuisance, waste, security deposits, other rental issues, etc.
∙ Lender/Borrower and Lender/Lender – wrongful foreclosure, deficiency, reinstatement, anti-deficiency issues, lien priority, etc.
∙ Neighbor/Neighbor – encroachment, boundary disputes, easements, rights of way, nuisance, etc.
∙ Title – lien rights, ownership rights, use rights, quiet title, insured rights, etc.
Contact Laura Alpert today to discuss if Mediation is right for you.
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