As referenced in your real estate sale agreement Dispute Resolution section, there are a variety of options to resolve conflicts that arise from real estate transactions.
You may wish to discuss the matter with an attorney. They may be able to provide you with advice and counsel and help you resolve the matter without having to proceed to mediation. The Oregon State Bar can refer you to a lawyer who specializes in real estate matters. The referral service is available Monday through Friday, 9:00 a.m. to 5:00 p.m., at 1-800-452-7636.
The Real Estate Sale Agreement published by Oregon Real Estate Forms, LLC, provides that in the event of a dispute, all claims within the $10,000 jurisdictional limit of the Oregon Small Claims Court shall be brought and decided there, in lieu of mediation, arbitration, or litigation in any court of law.
Mediation is a voluntary process which people in dispute can use to reach agreement. With the help of an impartial mediator, they work toward a mutually acceptable solution. The mediator facilitates discussions and negotiation but is not empowered to impose a settlement on the parties. If an agreement is reached, the mediator often assists the parties in reducing the agreement to writing.
If you have talked with your Realtor® and made every effort to resolve your dispute, you can seek mediation with Arbitration Service of Portland.
Following an unsuccessful mediation, clients of Realtors® may decide to arbitrate contractual disputes arising out of real estate transactions. Arbitration is a way to resolve disputes outside of the courts. The dispute will be decided by the arbitrator, who renders a written decision. An arbitration award is legally binding on both sides and enforceable in the courts.
Questions? Contact PMAR Professional Standards Administrator Diana Colin at 503-459-2156
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Portland Metropolitan Association of Realtors®
150 SW Harrison Street,
Suite 200
Portland, OR 97201
(503) 228-6595