Consider ADR to address new-house defects
We bought our house about a year ago. Recently, we discovered a number of defects, which were not disclosed to us by the sellers. For example, we were told that the electricity had been upgraded, when it was not. We were also told that there never was a water problem in the basement, but some recent rainstorms have literally flooded the downstairs area. We have reason to believe that the sellers flat out misrepresented certain facts in the seller disclosure form which they gave us.
Alternative dispute resolution—commonly referred to as ADR —has become commonplace in todays economy. More and more corporations are requiring arbitration in the event of a consumer dispute. Our courts are divided on whether such “arbitration clauses” in boilerplate contracts are valid and enforceable. Some courts take the position that unless the consumer fully understood the consequences of arbitration when they signed the contract, that clause cannot be enforced. Other courts have taken the opposite position.
For more information on this and other real estate matters, your first source for Palm Beach real estate should be licensed agent and long-time resident Caesar Parisi.
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