The young couple had been renting from the landlord for several years, the landlord offered them a opportunity to relocate to the family home as they were going to rent the home for several years as the market was depressed.
The landlord encouraged the husband and wife to take an active role in the remodeling that included painting, refurnishing the hardwood floors. The couple jumped at the opportunity and spent hundreds of hours in transforming the home.
Words were used such a lease option and your time will be worth your extra efforts. The home was in the best shape in decades and the home was shining with its new look.
The couple was weeks away from moving in and the landlord dropped a "bombshell" on the couple.
The landlord announced, the home had been sold.
To add insult to injury the couple was served with a 60 day notice to vacate their present home as that property was going to go on the market.
The double blow seems unreal.
An attorney for the tenant couple was prepared to file litigation.
The couple stated they had trusted the landlord and went against their own judgment to have something in writing.
The lesson is that its always best to put things in writing and form an agreement.
If a problem does occur, it will add weight as to the intent of the parties.
Jim W Hildreth is a Real Estate Mediator
Just learned on my "Short Sale" with BOA is going to sell today as the process has gone on way to long. (Aug 2009). Go figure we have had a all cash buyer since the same time.
There is something very wrong in the picture.
In addition our negoiator at BOA last day on the job was last Friday. Zero communications, zero responses and the neigoaitor still has task to complete and BOA wants to foreclose today???? I smell Law Suit!
Alternative Dispute Resolution: Perspectives in Mediation April 17, 2010 by Jim W Hildreth Mediator
A Bay Area Buyer finds a home via the marketing of an auction house that is marketing out of state real estate. He can't believe that he has found a home under $15,000 and he transfers $3,000 dollars to the seller’s bank account as a deposit. He soon discovers that the property has back taxes and the escrow company chosen by the seller will not issue title insurance. He cancels the escrow; however the seller will not return his deposit.
A retired couple makes the decision to downsize, they are on acreage and the acreage supports vintage California Oaks. The Oaks require ongoing removal of mistletoe that cost $2,000 a day from a tree service. The sellers place the home with a real estate brokerage, the property sells and the buyer, after close of escrow, discovers the true cost to maintain the trees. The buyer threatens litigation due to non-disclosure.
A San Jose couple has retired and their dream is to own acreage and live the country life. They move to the foothills and the zoning permits another home to be built. They invite their daughter and son-in-law. Half the acreage looks like a park, the other side looks like a scene from the Beverly Hillbillies.
The daughter and son in-law announce a separation and the property is upside down in value by $150,000.
A neighbor won’t allow access for ingress and egress, and boulders are placed at one of the entries. One of the neighbors receives physical threats. The attorney works on the dispute for over six months and the dispute is going to trial. The court suggests mediation and one of the attorneys has strong feelings against alternative dispute resolution. The attorneys follow the court's direction and a neutral mediator is selected and the parties meet without their counsel. The neighbors come to mediation angry they leave three hours later with a written settlement. The wife cries out “We can be neighbors again”. The attorneys on both sides are shocked and the court is relieved.
The Berkeley Victorian Home residents who lived in their Berkeley home for 30 years disclose seepage in the basement in heavy rains. The new buyers discover up to 8” of water for the past 2-years. The remedy of a new French Drain is expensive.
The buyers are ready to sue the sellers.
California Real Estate Contracts California Association of Realtors call out for mediation in a dispute between buyers and sellers.
Each of these disputes involved the legal community for advice and direction and all parties were faced with decisions that involved stress, financial hardship and options for a lawsuit.
Non Disclosure issues, easements, septic, wells, water intrusion, and partnership breakups have all been common issues that have come to and have been settled by mediation.
Today the courts are suggesting that mediation and Alternative Dispute Resolution has played a major role in reaching settlements.
In Alameda County Superior Court, local judges have referred over 2,000 cases in the past year to some form of ADR and approximately 700 cases to Panel Mediators.
The Mother Lode community of Jackson Amador County Superior Court has an active ADR Panel with equally positive results over the past year.
Mediation does work if the parties are willing to communicate and make compromises
Each of the above disputes was successfully resolved through Mediation.
The Alameda County Bar Association has an active ADR Section and, as one local law student who just joined as a member stated, the educational monthly updates are the “Crown Jewel” of continuing education on the topic of mediation and ADR.
The ACBA Executive Committee of the ADR offers each of mediators the chance to grow and meet with fellow members who have a passion for resolving conflict with alternatives to litigation that can be costly and time consuming.
Mediation is worthy of consideration the next time you face a new client opening the gateway to Mediation as a Alternative Dispute Resolution.
Mediation does work in all areas of conflict in disputes involving a medical bill, the breakup of a marriage, real estate or a personal injury.
Connflict spells “Opportunity” and it is the wise legal counsel that suggest mediation, allowing all options of settlement with a spirit of compromise and open dialog.
Jim W Hildreth Mediator Real Estate Mediation Services (510) 647-3600 www.RealEstateMediation.org
April 17 2010 By Jim W Hildreth Real Estate Mediation Services
As many readers know I use my 33 years experiences as a California Real Estate Broker solving real estate disputes.
Some say I have a gift to resolve conflicts.
Education is highly important and the past 3 decades designations such as CRB, CRS, CIPS have been valued and life learning experiences.
As a real estate mediator, I continue to learn and have value continuing education.
Two classes that I will take this month to perfect my skills as a mediator are Successful Strategies for litigating Boundary and Easement Disputes. The second class will be liens in Mediation's.
The classes will be taught in Oakland California at the Alameda County Bar Association.
Yes, I have done both easement and land locked parcels, and mediation brought about settlements vs long tem litigation.
If you have a dispute as an agent, broker, seller buyer, Mediation may hold the key for settlement.
Talk to your Attorney, Bar or Real Estate organization about the Alternative to Litigation, may be Mediation.
Jim W Hildreth Mediator
Real Estate Mediation Services
Serving The San Francisco Bay Area, Central Valley & Mother Lode
http://www.RealEstateMediation.org
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Jim W Hildreth Broker-Mediator 35 years full time Experience. Local Knowledge. Former Mayor City of Sonora. Jim takes pride in his work and each individual is treated with honesty. 200 + Mediation's
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