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Updated over 10 years ago on . Most recent reply

User Stats

111
Posts
16
Votes
Richard Vang
  • Real Estate Investor
  • Carmichael, CA
16
Votes |
111
Posts

Arbitration of Disputes

Richard Vang
  • Real Estate Investor
  • Carmichael, CA
Posted

Dear all, I am doing some reading and have some hard time to the legal terms below. It's showing up in a lot of the contract.

Anyone know a good explanation or example to illustrate the following? what "judicial rights" do I give up? Thanks.

-----------------------------------------------------------

“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED

TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL  PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.”

“WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.”

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