Mediation is an effective way to resolve real estate related disputes.
Wearing a mediator hat, I have mediated disagreements that run the gamut, from two sided disputes to complex issues involving multiple parties and legal counsel.
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Homeowner association disputes are legendary, with homeowners accused of violating by-laws and HOAs accused of overstepping their bounds.
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Neighbors are frequently at odds. One neighbor constantly drives on the adjacent driveway of the next door neighbor. A fence is built over a property line and the neighbor refuses to move the fence. A neighbor's tree is trimmed, or cut down, by an adjacent neighbor, without permission. Neighbors and/or builders violate neighborhood covenants or building codes. Let your imagination run wild. I know you can think of many more types of disagreements involving neighbors and neighborhoods.
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Buyer and Buyer's Agent take liberties during the option period and damage the Seller's property. The Buyer exercises the unrestricted right to terminate. The Seller refuses to release the earnest money to the Buyer due to the anticipated cost to repair damage to their property.
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Buyers make a final walk though their dream home before the property is vacated. After closing, they discover that an area rug concealed significant undisclosed damage to the hardwood floor.
- The Buyer discovers after closing that there is an issue not disclosed by the Seller and not discovered during the inspection.
- The Buyer is purchasing a triplex. At the closing table, the Buyer's agent receives a call that all 3 HVAC systems have just gone out.
Mediation skills are useful in every day life and invaluable tools for Realtors.
The mediation process is designed to be non-adversarial. It is important to note that the mediator, a third party neutral, does not decide the outcome of a dispute. Through mediator facilitated negotiation, discussion, and brain storming, the disputants are empowered to seek resolution acceptable to all parties. Successful mediation of any conflict depends upon the participants' willingness to settle their differences with a solution that is acceptable to all parties involved in the dispute. Disputes are frequently resolved in one session, saving the disputants from an emotionally draining and costly lawsuit.
In Texas, we are fortunate that Buyers and Sellers may agree to settle any transaction related disputes through the mediation process.
Trained mediators come from many walks of life. Texas mediators can be located by contacting the Texas Mediator Credentialing Association and the Texas Association of Mediators. All parties to a dispute need to agree on the selected mediator. Look for a mediator with advanced experience and training.
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