Posted on September 20th, 2016 No comments
To Sign or Not to Sign the Arbitration Clause in the Residential Purchase Contract
The Arbitration Clause in the Residential Purchase Contract (RPA) in Southern California is the only section of the contract that may not be agreed upon by buyer and seller and yet you still have a fully executed contract. Most buyers’ agents tell their clients to sign this clause without fully understanding it, and without fully explaining it.
The Arbitration Clause comes into effect if buyer and seller have a dispute, and mediation does not work. Mediation is compulsory, but not binding. This mean that if there’s a dispute between buyer and seller, they must go to Mediation. However if they don’t like the result, they don’t have to adhere to it. Arbitration, on the other hand, is voluntary but the decision is binding. There is no jury in an Arbitration, and you can’t appeal a decision. The upsides are that it’s much faster and much less expensive than going to court.
What a lot of agents don’t tell their clients is that you don’t have to agree to Arbitration at the time you sign the offer. Both parties can always decide to go to Arbitration at a later date even if the clause is not signed. In fact, my broker, RE/MAX Estate Properties has been instructed by our E&O insurance company not to sign the Arbitration Clause in a listing agreement for this very reason. The E&O company wants the flexibility to decide at a later date if there’s a dispute between the Broker and a seller.
Many agents go on auto-pilot when it comes time to sign the contract. They see a blank line for a signature and they assume it needs a signature. Make sure to ask your agent more questions. Ultimately the decision is up to you, but your agent should be giving you the information to help you make these decisions.