can I chose to do the mediation before I sign the release of deposit?

Asked by Joan_spring, Amelia Court Patio Homes, Plano, TX Tue Apr 20, 2010

I am a buyer and have a deposit dispute with a seller. Could I chose to do mediation first? If mediation fails, can I then decide if I should sign the release of deposit?

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David Blockh…, Agent, Los Altos, CA
Tue Apr 20, 2010

Have your agent refer you to a competent real estate attorney. No agent on this feed should give you legal advise.
2 votes
Michelle Car…, Agent, Coppertino, AL
Sat Jul 14, 2012
Hopefully you've resolved this. In California, we try to work it out at the agent level first, then the brokers, then mediation, then arbitration. Getting a free consultation from a real estate attorney may be the best idea for your peace of mind.
0 votes
Robert Lei, Agent, Cupertino, CA
Sun Dec 12, 2010
Hi Joan,
I agree with Dave. Have your agent refer you to a competent real estate attorney.
0 votes
Ruth and Per…, Agent, Los Gatos, CA
Thu Sep 30, 2010
Hi Joan

You did post in April of this year, but at the same time you also had the same question in a different Zip Code.

Hopefully, it has all worked out.

But a repeated pattern on a public board, eventually will cost you.

If you signed mediation on the Contract, you will find engage your agent and his broker, the next step
A company lawyer, a next step mediation if you agreed to it otherwise you engage an attorney, otherwise trial by jury if no mediation was signed. Also depends on your deposit, whether it was over $10k.

Anyway, you should consult an attorney.

Keep writing on these boards, and asking the same question, won't help
When you eventually go to trial.

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0 votes
Grace Keng, Agent, Santa Clara, CA
Mon Aug 30, 2010
Did your agent and the lising agents can resolve the issue? Your real estate agent who you hired should be the most focus here. IF both agents and brokers cannot get a common ground then either lawyer or mediation will be the choices. Do you initial at the contract to get the mediation 1st? Please read your contract before you hire a lawyer.

Grace Keng
Re/max Res
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0 votes
Bill Mccord, Agent, San Jose, CA
Wed Apr 21, 2010
Assuming you have an agent who has not been able to resolve the issue I suggest you request that his/her Broker get involved. If they are not able to help then expect them to refer you to a Real Estate Attorney. If either your agent or Broker is a REALTOR, then they will also be able to get free legal advice from the California Association of Realtors legal hotline.
For your information, a REALTOR is a Real Estate licensee who has made a further commitment to the profession by signing up to a Code of Ethics over and above the minimal requirement needed for the license.
Good luck,
0 votes
Nila Patel, Agent, Sunnyvale, CA
Tue Apr 20, 2010
I agree with Dave. You should seek a professional Real Estate Attorney's advice. By law, Real Estate agents cannot give legal advice.

Nila Patel
Century 21
(408)636 3806
0 votes
Nina Daruwal…, Agent, Cupertino, CA
Tue Apr 20, 2010
Hi Joan,

You are the Buyer? and you want your Deposit back for some reason? and you want to Mediate with the Seller for that? Before you sign the Release of Deposit?? I dont understand?? Is the Seller not willing to release your Deposit? Sorry, your question is not very clear.....
If you have put an offer, are you working with a Realtor? I hope so. Your Realtor should be able to work for you and guide you best. Contact me if you want clarification.
All the Best,
Nina Daruwalla
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