9 results for 'cat:"Arbitration" AND cat:"Real Estate"'.
J. Rodriguez finds that the trial court should have granted a real estate seller's motion to expunge a lis pendens on the property. The trial court had already expunged a previous lis pendens on the property after finding that the buyer's underlying claim was not a real property claim. When the buyer filed a new suit directly related to the real property, she was required but failed to obtain trial court permission before recording another lis pendens on the same property. Vacated.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: January 22, 2024, Case #: A168529, Categories: arbitration, real Estate
J. Cogburn partially grants a real estate and community developer and his company their petition to stay execution of a final judgment in an arbitration dispute with a mortgage firm. The developer routinely buys historically significant properties to renovate them into apartments and created a business not party to this suit to specifically work with the mortgage firm on his investment in a particular property. During the beginning of the Covid-19 pandemic, the firm sought declaratory judgments against the developer and his company, claiming changeover events that allowed the firm to replace the company as the manager of the property in question. Also, the firm claimed full recourse events so it could seize collateral as well as other assets from the developer, who denies that any changeover or full recourse events occurred. Because the declaratory judgment that a changeover event has occurred is not a monetary judgment, and that of a full recourse judgment is monetary, the motion to stay will be granted in regards to the full recourse event only. In addition, the developer and his company must post a supersedeas bond of over $8 million while he awaits the decision on his appeal to confirm two awards to the mortgage firm. He and his company must also refrain from interfering with the firm’'s replacement of the company as manager for the subject property.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv609, NOS: Arbitration - Other Suits, Categories: arbitration, real Estate, Injunction
J. Dato finds that an arbitrator created a reasonable impression of possible bias in finding that a party to a real estate transaction lacked credibility because she used an interpreter during proceedings. The party has lived in the U.S. for decades, conducted business here and even worked as an interpreter herself, but the use of an interpreter in a high-stakes arbitration proceeding does not permit an inference of deception. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 17, 2023, Case #: D080801, Categories: arbitration, real Estate, Contract
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J. Tenney finds that the trial court improperly denied an escrow agent's motion to compel arbitration of fraud, conspiracy and contract claims made by real estate buyers. The escrow agent is a third-party beneficiary because it was expressly named in the purchase contracts and because the buyers' claims against it are tied to the underlying transactions, so it can enforce the contracts' arbitration provisions. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220047-CA, Categories: arbitration, Fraud, real Estate
J. Smith finds a lower court properly dismissed a national association of realtors' motion to compel arbitration. The association of realtors argued that it was entitled add unnamed class members who signed a listing agreement that contained an arbitration clause. However, the court, and not an arbitrator, is the proper venue, and that the association cannot enforce arbitration agreements against unnamed members of the class. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: August 2, 2023, Case #: 22-2664, Categories: arbitration, real Estate
J. Pitman partially grants a motion to compel arbitration in a convoluted contract dispute that happened after former plans by the parties in this case to create a real-estate investment fund went sour. This case should be “bifurcated,” with some claims going to arbitration and others going to federal court, because while this “may be inefficient,” it is a “direct result of the parties’ decisions in this litigation,” including a decision by one party to not originally include an opposing party in arbitration despite a Fifth Circuit ruling on the matter.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: June 22, 2023, Case #: 1:20cv1247, NOS: Other Contract - Contract, Categories: arbitration, real Estate, Contract