Almost anything that you can see going to an attorney and filing a court case could be mediated. Even the small things that you think of for Small Claims Court. Anything from child custody to employment contracts to someone borrowing money and not paying it back. Mediation can connect both parties to put the missing pieces into place.
The examples below are not the only things that can be Mediated within a Real Estate transaction, but are just to give you an example that nothing is too big or small when you feel you've been wronged, and you want the opportunity to make it right. There are examples below that involve Buyers, Sellers, Tenants, Landlords, Real Estate Agents, Brokers, and various situations. You can also familiarize yourself with the Mediation Process.
Earnest Money Dispute
Are you the Buyer/Seller, and you feel the other party isn't releasing the earnest money to you though you believe you deserve it? Was earnest money released, but now the other party is seeking some sort of damages?
Repairs or Destruction of Property
Did Buyer and Seller agree on certain repairs, and they either weren't completed per the contract, or they were done insufficiently? Did the Sellers damage the Walls or Flooring as they moved their furniture out? Did the seller not maintain the lawn and it was two feet high, or did he not keep up with the pool between escrow and closing?
Did the seller forget to disclose something major with the house that you later found out about? Did a maintenance company come over and say, "I remember telling the previous owners yadda yadda yadda..." but the sellers didn't mention it?
Removing something that was supposed to remain
Did the Buyer and Seller agree for personal property like the Fridge, Washer & Dryer, Speakers, Pool Table, etc... to remain in the house, but the item(s) was removed and not returned? Were attached fixtures removed from the property like mirrors, light fixtures, or curtain rods?
Closing Delays or Move-out Delays
Did the Seller incur extra expenses (ie. storage costs, utilities, lawn service...) because the Buyer delayed their closing on the property? Did the Buyer agree for a Seller's Lease back after closing, but the Seller didn't get out on time and the Buyer incurred additional costs?
Issues During Seller's Temporary Lease Back
The Buyer now owns the house, the Sellers are still living in the house, and then a big-ticket item breaks like the AC or Water Heater. Seller thinks Buyer should pay and Buyer thinks Seller should pay...
Did the Landlord not complete repairs timely and you paid for them out of your own pocket and haven't been reimbursed? Or were substantial repairs needed which caused you to go to a hotel for a few days, and you feel the Landlord should reimbursed you?
Tenant Left House needing repairs
Did the Tenant move out and leave the property in a condition that his Security deposit isn't going to cover? Are there holes in the wall? Did a dog destroy all the doors and baseboards? Are there broken windows?
Non-Payment of Rent or Return of Deposit
Did the Tenant live in the property and not pay rent? Did you have eviction expenses you want reimbursed? Did the Tenant move out, leaving the house spotless, but the Landlord didn't return the Security Deposit?
Tax Prorations Need to be Adjusted
At closing, the taxes are prorated based on the previous year's value, but when the current year's value comes out, the value increased considerably, but the Seller won't readjust the amount of taxes they owe the Buyer.
Broker hasn't paid the Agent
Are you an Agent owed a commission from your Broker, and he hasn't paid? Did you switch Brokers and you're trying to get payment from your previous Broker?
Apartment Complex hasn't Paid
Are you an Agent/Broker who brought a Tenant to an Apartment complex with an agreement they would pay a commission and they still haven't paid your fee?
What is your issue? What are you upset about? Is it something money related? Is it something out of Principle? Let's see if Mediation is right for you. Contact me today for a free 10-minute consultation.
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