But this seems like a communication problem, where they are not trying to settle this direct and want instead to arbitrate via attorney, which is a poor choice of initial negotiation.

They cannot stop you from accessing land locked property but the route is determined by the arbitrator/court.

BTW, I never saw a judge, it was all handled by the arbitrator.

I am drafting a lease agreement (through LawDepot.com) for my new tenants in a SFR and am wondering what to specify for Dispute Resolution: options are mediation, arbitration, or mediation and then arbitration.  

So, at the end of the day, just like every other state you do not get to arbitrate an earnest money dispute. 

This is also why it would be important to have an arbitrator that could settle these sorts of disputes.Thank you again for your reply, it was super helpful!

@Steve Vaughan The interesting point about your stance of "I reserve the right to retain an agent..." is that the seller's agent would be under no obligation to pay your buyer's agent a commission as he was not the "procuring cause" of the transaction.A sharp buyer's agent will know that.A not-so-sharp buyer's agent will squeal like a stuck pig when they don't get paid, but if they try to go to arbitration or their local Realtor board, they'll lose.

I'm considering both filing a suit against the hoa, which under terms of the hoa would go to arbitration.

It's what is called the procuring cause.If it came down to arbitration and the listing agent won, you would have to pay your friend out of your pocket or your friend would be out of luck.Best case scenario:The listing agent says nothing more about the topic, your friend submits the offer and everyone moves forward.

I don't get it. and how would you have even known about any of this so called mortgage fraud who would have told you all these details that only the seller would know.if you like the house close if it cost a few grand more so what... crap happens.. also just for those who are not in Oregon if you signed a RMLS purchase contract you have already agreed to mediation followed by arbitration.. you can try the lawyer route but a waste of money on something like this.filing a complaint at the RE department is free.mediation will cost you 2 to 3k up front and you don't get those fee's back if you win.. this keeps folks from like this tying up the courts over very small dollars.