Mediation-Binding Arbitration/Waiver of Jury Trial.
Roshan Ngangom
5 years ago
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Roshan Ngangom
5 years agolast modified: 5 years agoRelated Discussions
Wrong land! need help. (cont)
Comments (19)No one is "blaming" the victim here. There is, however, such a thing as due diligence. If you are buying property it is up to the purchaser to make sure that everything is legal and correct. That's where the problem began, and it has nothing to do with "Stokholm Syndrome". That is not to say that others haven't made mistakes as well in this scenario, but the problem started with the person buying the property. There is a trend in this country of people not taking responsibility for something that they were actually responsible for. There are also loads of crooks out there, I'm not disputing that. I also saw some statements made earlier that the land owner "only" bought their land for an investment and weren't going to build on it anyway. Sorry, but that does not matter. It is (was) still their land. There were also statements made that the owner lived fairly close and "must" have known. Well, probably not. I don't always check on other vacant land that I have. Sometimes a year can go by. It depends on what is going on in my life. Bottom line is it doesn't give anyone making the mistake any more right to it. When someone thinks and believes in that manner, it's wrong. I do not like "big brother" tactics, and I do not like banks. I also do not care for situations of people not accepting their role in whatever disaster has taken place. If Kindell had hired a real estate attorney, who would be accepting responsibility in making sure the transaction had been correct, or a fresh survey, and THEN this mistake had happened, it would not have been her fault in any way. Anyway, I'm done with this. I've got better things to do....See MoreDid I get a Lemon?
Comments (27)It goes to arbitration. Many companies are now using arbitration clauses to limit the need of class action lawsuits. Class action suits don't do much for you anyway. Unless of course if you are a lawyer. I copy and pasted arbitration information below. You can click the link for the official document and then scroll to the Arbitration clause. Warranty Documents and Arbitratration Clause Where Can Any Legal Remedies Be Pursued? ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS. 1. Parties: This arbitration clause affects your rights against Goodman and any of its affiliates or employees or agents, successors, or assigns, all of whom together are referred to below as “we” or “us” for ease of reference. 2. ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW, ANY DISPUTE BETWEEN YOU AND ANY OF US SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER THAN IN COURT OR BY JURY TRIAL. “Dispute” will be given the broadest possible meaning allowable by law. It includes any dispute, claim, or controversy arising from or relating to your purchase of this heating or air conditioning unit, any warranty upon the unit, or the unit’s condition. It also includes determination of the scope or applicability of this Arbitration Clause. The arbitration requirement applies to claims in contract and tort, pursuant to statute, or otherwise. 3. CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 4. Discovery and Other Rights: Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit. This applies to both you and us. Other rights that you or we would have in court may not be available in arbitration. Please read this Arbitration Clause and consult the rules of the arbitration organizations listed below for more information. 5. SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE TO LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT. 6. Governing Law: For residents of the United States, the procedures and effect of the arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) rather than by state law concerning arbitration. For residents of Canada, the procedures and effect of the arbitration will be governed by the applicable arbitration law of the province in which you purchased your unit. The law governing your substantive warranty rights and other claims will be the law of the state or province in which you purchased your unit. Any court having jurisdiction may enter judgment on the arbitration award. 7. Rules of the Arbitration: If the amount in controversy is less than $250,000, the arbitration will be decided by a single arbitrator. If the amount in controversy is greater than or equal to $250,000, the arbitration will be decided by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org), JAMS (1920 Main Street, Ste. 300, Irvine, CA 92614, www.jamsadr.com), or, subject to our approval, any other arbitration organization. In addition, Canadian residents may choose the ADR Institute of Canada (234 Eglinton Ave. East, Suite 405, Toronto, Ontario, M4P 1K5, www.amic.org). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties. 8. Location of the Arbitration Hearing: Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside or, for Canadian residents, in the province in which you reside. 9. Costs of the Arbitration: Each party is responsible for its own attorney, expert, and other fees unless applicable law requires otherwise. Goodman will pay your share of the fees charged by the arbitration organization and arbitrator(s) beyond the first $200. Where permissible by law, you may be required to reimburse Goodman for the fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s)....See Moreany recourse on Kenmore Electric Range
Comments (18)To andrelaplume2, My name is Brian and I am part of the Sears Cares Escalations team. I read this thread and wanted to reach out to you regarding this issue. Obviously we do not like to see things like this occur and since we are the authorized service provider for the products we sell, we do want to help. We certainly hope your product, whatever it may be will last much longer than a year or even 5 years and most do. Anything that goes through a manufacturing process has the possibility of failure, from the most cost effective to the "Ferrari". The manufacturer of your range (which is not Sears) has a one year warranty as do most all products on the market because if something is going to fail it typically will within the first year. Not everything fails in the first year so we as a company offer an extended Protection Agreement for our customers if they choose to purchase it. We hope you dont need it. All this being said we would like to talk with you about some possible options. At your convenience, please contact my office via email at searscares@searshc.com so you donÂt have to continue to be frustrated. In the email, please provide a contact phone number and the phone number the range was purchased under (if different than the contact phone number) and we will call you directly. Also, please provide the screen name (andrelaplume2) used to post here for reference to your issue, and we do look forward to talking to you soon. Thank you, Brian J. Senior Case Manager Sears Cares...See MoreBeing Sued for Home Sale
Comments (73)The longer this thread continues, the less helpful it is. It all means well, but we don't know more than we know and it appears things are getting misstated now. The OP needs to get a copy of the letter and determine what, if anything, to do after that. In my mind, the agent is his agent (represents him) for the transaction and should provide him with a copy of the letter. Only then do you get to whether there are conflicting interests that would require the agent and seller to have different representation and/or work independently. I don't know that I would have sent a letter to the buyer. There is not affirmative duty that I am aware of (if not in your sales contract) to provide addresses. That may have impacted other issues, but if it is done, it is done. Default judgments can be a mess, but that's putting the cart before the horse here. The agent did say there was no lawsuit -- only a threat to sue. You can't get a default judgment on a threat. If I were the OP, I would again ask the agent for a copy of the letter and ask the agent to advise if anything further happens. If there wasn't anything in the letter that required a reply or advise from an attorney, I would let it go unless and until anything further happened. If I had some concerns, I would consult an attorney in the state where the home at issue is located. I would not seek advise on the internet. It tends to be worth what you pay for it. NC-- the OP did not say the inspector found evidence of a water leak. To quote: The home inspector found only minor issues which we settled on day of sale with personal checks.The home sold in the winter,so inspector did state he coudn't get a full look at the roof and wanted to come back and reinspect.He stated he found no evidence inside of a leaking roof,wet walls,stains etc. Insulation can compact or break down. This winter saw record snowfalls and collapsing roofs in a number of places. It is entirely possible that this winter saw more severe conditions than average and more than the home was designed for. But that doesn't mean the home was designed or maintained improperly or that it had leaked before. In fact, the inspector found no indication of leaks. Bry911 -- I have never heard of anyone else having a PVC pipe that wasn't cemented in place before. We found a 7-8 foot segment of 4" drain line under our slab that had never been cemented. That had seeped and filled in over the years, caused a complete blockage and backed up sewage into our master bath. That hasn't been the only plumbing issue, but it was the worst. Home ownership has it's perks. And it's pains....See MoreRoshan Ngangom
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