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Questions Answered by David H. Relkin
2 Answers | Asked in Real Estate Law, Tax Law and Arbitration / Mediation Law for Kentucky on
Q: Late September earlyOctober 2020 I noticed my neighbor's property up for sale by owner Had a verbal agreement

Purchase a home and offered asking price if the seller agreed to close before the end of the year

Seller agreed no less then 3verbally ie phone 4 in person seller remove the for sale sign from the yard only to change their mind and not sell to me

don't know if there's... Read more »

David H. Relkin
David H. Relkin answered on Aug 31, 2021

Unfortunately, agreements concerning "real property" must always be in writing. The fact that your neighbor removed the sign from the yard does not seem to be an action that could only mean he agreed. (Sometimes there is a way around the written requirement, but I do not see it here.)... Read more »

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1 Answer | Asked in Contracts and Arbitration / Mediation Law for Kansas on
Q: I need to know the correct court to get an arbitration award confirmed in Kansas

The award is for $2,480,000 and the defendant does business in Johnson County Kansas and I live in Jackson County Missouri.

David H. Relkin
David H. Relkin answered on Aug 25, 2021

I am not admitted in Kansas but the procedure is virtually the same in New York. An Award is not enforceable until it is "confirmed into a judgment."

The procedure appears to be dealt with in Article 5 of the Consolidated Laws of Kansas:

[2016 Kansas Statutes...
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1 Answer | Asked in Arbitration / Mediation Law and Employment Law for Texas on
Q: 1. If employer forces arbitration agreement for employment, can they threaten to take legal action in employee handbook?

I was questioned by HHS at our facility there investigating a report, anonymously made of neglect. I confirmed and reported other things that I knew about.

I took a lunch break and was suspended when I returned. Terminated 3 days later

They had the DRP in my suspension letter.... Read more »

David H. Relkin
David H. Relkin answered on Aug 18, 2021

Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.

If you like I can review the agreement for...
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1 Answer | Asked in Arbitration / Mediation Law on
Q: How can my fiancé get divorce if his wife don’t want nothing to do with him
David H. Relkin
David H. Relkin answered on Jul 15, 2021

The simple answer is that your fiance must commence a divorce action against his wife to terminate the marriage.

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Oklahoma on
Q: I need to file a Motion to Vacate arbitration decision.

Lawsuit has been filed. I'm the plaintiff.

014 Oklahoma Statutes

Title 12. Civil Procedure

§12-1874. Application to vacate an award.

Universal Citation: 12 OK Stat § 12-1874 (2014)

A. Upon an application and motion to the court by a party to an... Read more »

David H. Relkin
David H. Relkin answered on Jul 8, 2021

A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."

Further, assuming that...
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2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: I am going to arbitration and some legal advise.
David H. Relkin
David H. Relkin answered on May 5, 2021

I have handled more than 100 Arbitrations. Please call me at 212-244-8722. David@Relkinlaw.com. David H. Relkin, Esq

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1 Answer | Asked in Arbitration / Mediation Law for Connecticut on
Q: If my case manager was in love with me and I dropped her and she is now creating me problems and I have proof What can D
David H. Relkin
David H. Relkin answered on Apr 24, 2021

I can answer your problem with an experience of my own. A Case Manager refused to promptly supply a replacement Arbitrator. He simply became unavailable. Two weeks passed without any responses to my demand that he supply three new names for the parties.

Every Tribunal has an administrative...
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1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: Can I sue hotels.com for booking a room in a hotel that doesn't exist for about a year?

I booked and paid for a hotel and the reservation was guaranteed and confirmed. When I got to the hotel, hotel was not operational for about a year. No substitute was offered

David H. Relkin
David H. Relkin answered on Feb 14, 2021

I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.

I have...
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2 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello. I completed an arbitration request form with Greenfield Rehab/Nursing home and they assigned Chubb Insurance Co.

They called me and asked if I had an attorney.

Do I need an attorney? What would the charge be for this type of assistance?

David H. Relkin
David H. Relkin answered on Oct 9, 2020

The other side will certainly have counsel. If you want to protect your rights and win I recommend that you retain an attorney. I have handled over 100 arbitrations and would be willing to discuss the matter with you at your convenience. David@Relkinlaw.com

212-244-8722.

www.Relkinlaw.com

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3 Answers | Asked in Arbitration / Mediation Law for New York on
Q: Hello, can you tell me how I, as a civil arbitrator, ensure that the award I render is legally binding?

I have a certificate as a civil arbitrator, which certificate was endorsed by Hon. Gerald Popeo of Utica City Court, Utica, NY. Recently, two opposing attorneys asked me to arbitrate a civil matter between their respective clients. These two attorneys require that the arbitral award I would... Read more »

David H. Relkin
David H. Relkin answered on Jun 24, 2020

Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them... Read more »

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