Arbitration / Mediation Law Questions & Answers by State

Arbitration / Mediation Law Questions & Answers

Q: Seller hasn't made repairs promised in the inspection resolution by the specified date. Can we get out of the deal?

1 Answer | Asked in Arbitration / Mediation Law for Colorado on
Answered on Nov 18, 2017

Please elaborate which deal is this? If I correctly understand, you found certain repairs promised prior to final hand over and that has not been fulfilled. Was this specified in that deal? If so, as per deal what conditions were set to get out of the deal? Prior to get out of the deal, you need to thoroughly read those terms before any decision.

There many alternatives but let me suggest the one i.e. instead of quitting from deal made against consideration of earnest money or...
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Q: How to get my sisters name off our deed?

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law, Landlord - Tenant and Probate for Pennsylvania on
Answered on Nov 15, 2017

As a co-owner, your sister is responsible for half the taxes and other municipal charges. She is also responsible for half the improvements. However, since you live there, she has the right to receive rent. Possibly, if you were to contact a lawyer and sue her, she would surrender and give you a deed as a settlement of claims. There is, however, also a possibility that she would counterclaim against you for the rent she is entitled to.

You need to sort all this out with a lawyer....
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Q: My attorney requested a trial de novo after losing on fee arbitration. Can I request to change venue?

1 Answer | Asked in Arbitration / Mediation Law, Appeals / Appellate Law and Civil Litigation for California on
Answered on Nov 14, 2017

If you have not obtained all the info you need, I would need some info to be able to understand what the situation is and give you some suggestions. For example: who are the parties to the suit? Where do you live? Where was case filed? It appears that a suit was filed, you hired an attorney to represent you, and the parties agreed to non-binding judicial arbitration, which you lost. Now the case goes on as if no arbitration had taken place. Fill me in.
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Q: I recently purchased a home. now we are have major problems...

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Missouri on
Answered on Nov 10, 2017

Every sale or purchase of house is governed by certain terms and conditions. It is not clear whether did you hire technical team to inspect your house, determine its condition, its price, its life, etc. etc. In the absence thereof, it would be difficult to substantiate your claim that seller defrauded.

However, for a specific opinion, you should consult Attorney of your local jurisdiction.
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Q: Can I get spousal support in Florida if I was married for 5 1/2years when filing for divorce

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Florida on
Answered on Nov 8, 2017

Generally, you may get spousal support in Florida so long as you have a need AND your spouse has the ability to meet that need or pay. The amount of time you would receive spousal support is roughly half the length of the marriage, or in your case, two to three years. Your next question does not make sense to me. Why would you file for divorce only to put it on hold? I suggest you meet with a family law attorney to go through your strategy. Good luck.
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Q: Wife and I divorced years ago. My son is 19. Can I get sole custody? Ex seems to be having a breakdown.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Massachusetts on
Answered on Nov 7, 2017

If your son is not disabled then there would not be a custody situation involved as he is over the age of majority.
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Q: I'm disabled and have debts I owe....can the court of TN. Place a lien on my vehicle?

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation, Collections and Consumer Law for Tennessee on
Answered on Oct 31, 2017

yes, if you get sued and lose, the judgment against you becomes a lien on ANY property you own. The judgment is good for 10 years, and will attach to property you acquire in the future during that 10 year period. Perhaps you should consult a bankruptcy lawyer.
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Q: My son's name is the only name on the mortgage loan. His wife has moved out but hasn't filed for divorce.

1 Answer | Asked in Family Law, Real Estate Law and Arbitration / Mediation Law for Alabama on
Answered on Oct 30, 2017

No. If the house is the homestead she must consent to the sale. Sounds like he needs to file for a divorce. IN that case, the Judge would decide.
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Q: I quit the USPS & still haven't received wages due from 6/2/2017. Union & management uncooperative. What do I do?

1 Answer | Asked in Employment Law, Workers' Compensation, Arbitration / Mediation Law and Federal Crimes for California on
Answered on Oct 26, 2017

Sure give my office a call when you can and we can get you the help you need, ask for Roland
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Q: Who pays for the Change of Venue of a divorce case in California?

2 Answers | Asked in Arbitration / Mediation Law and Divorce for California on
Answered on Oct 20, 2017

It’s a stipulation. You can choose to agree or disagree. It’s your choice.
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Q: I purchased a used car a month and a half ago. The check engine lite is on and it leaks oil. Can I return it?

1 Answer | Asked in Products Liability, Arbitration / Mediation Law and Lemon Law for Florida on
Answered on Oct 19, 2017

The state of Florida has a “Lemon Law” which may apply in your situation. Essentially, you will deal directly with the car’s manufacture to have your car fixed or get your money back. You can find out more information on the process by going to the website of the Florida Office of the Attorney General. It is important that you continue to make your payments during the process if you want to protect your credit. You should also consider retaining an attorney to represent you in the...
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Q: How long can the listing Real Estate Agent hold your Earnest money deposit? Mediation request refused by her boss.

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Maryland on
Answered on Oct 19, 2017

The answer to the question should be found in the contract that you signed.

A "typical" Maryland board of realtors contract often specifies that both parties need to sign off on a release before the broker can release the earnest money deposit. Unfortunately if the contract requires both signatures to release and one party refuses to sign the contract may provide that the next step is mediation.

While I hope this answer helps it is not intended to offer legal advice...
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Q: can I file a subpoena for phone records before filing divorce?

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for New Jersey on
Answered on Oct 12, 2017

Hello and thanks for your question. I'm sorry you are going through this tough time. Divorce is incredibly difficult, especially when there is adultery involved. I'll try to answer you as best I can, here in this general forum.

With regard to subpoenas, it is possible to issue a subpoena on a cell phone company, but it is not an easy task. Companies such as these have teams of attorneys that handle legal requests such as these and it can take a lot of time and become a large hassle,...
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Q: I'm taking my husband for spousal support. We r separated and i have a PFA. An incident happened to me when I arrived at

1 Answer | Asked in Family Law and Arbitration / Mediation Law for Pennsylvania on
Answered on Oct 5, 2017

This is a bit confusing. I wonder if there isn't a misunderstanding of what the DR worker said. How do you know what she told your husband if you have a PFA against him?
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Q: I'm an attorney licensed to practice in Georgia, only. Can I appear as counsel for a Georgia LLC at CA mediation?

3 Answers | Asked in Contracts and Arbitration / Mediation Law for California on
Answered on Oct 3, 2017

You can appear only after you have an application granted by the court to appear "Pro Hac Vice". See: http://www.calbar.ca.gov/Admissions/Special-Admissions/Pro-Hac-Vice
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Q: I bought a car from a dealership that has had multiple problems. The dealership owner has been making sexual advances

2 Answers | Asked in Criminal Law, Sexual Harassment, Contracts and Arbitration / Mediation Law for California on
Answered on Sep 30, 2017

Sorry to hear that. Apparently, the dealer has committed a fraud on selling a vehicle with conditions as you described. Secondly, his making unwanted telephone calls of threats for physical abuse as well as offensive sexual harassment is liable to be booked at your nearest police post in order to further avoid his criminal conduct. Take into confidence of your nearest one or close friends and accompany to the police or call at your point. Keep copy of all proofs that you have for use now...
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Q: Contract/agreements contain a locale for arbitration benefiting 1 party. Can it instead have 2, "complainers" choice?

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Answered on Sep 29, 2017

If I'm understanding your question, can the contract provide that arbitration will be at the locale picked by the party who exercises the right to arbitrate?

Certainly. In general, a contract can contain any provision agreed to by the parties to the contract, if not prohibited by law. it's subject to negotiation.
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Q: How are mediators chosen in California? What happens if I don't like my mediator?

1 Answer | Asked in Arbitration / Mediation Law for California on
Answered on Sep 24, 2017

generally by mutual agreement of both sides. Don't agree to a mediator you don't like. If you are already in mediation, then the answer to your questions depends on how you got there.
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Q: Does the MLA (military lending act) cover me in this situation?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Broker Fraud for Oklahoma on
Answered on Sep 16, 2017

There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.

PS Don't let the time to answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.

David
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Q: What are my options

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for New York on
Answered on Sep 8, 2017

The statute of limitations will deal with most of your claims. If there are bills from the last six years you can sue. You can sue to have the house sold and proceeds divided. Nothing you can do about deed issue from 20 years ago.
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