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Category Archives: Arbitration

Tenancy in Common Agreements in California

Arbitration, Business and Corporations, Civil Litigation, Real Estate, San Francisco0 comments

houseTenancy in Common Agreements (also known as a TIC Agreement) are agreements between co-owners of real property.  Although co-owners always begin a purchase with the best of intentions, unfortunately disputes between co-owners occur.  Without an agreement co-owners of real estate are forced to go through an action called a “Partition Action.”  Partition Actions are a special kind of court proceeding specially designed to divide up real property as between co-owners.

While it is fortuitous that a special kind of action exists, like any court action, the process is long and arduous.  Having a well worded agreement then is essential to avoid a lengthy court battle.  Often an Tenancy in Common Agreement will attempt to not only preemptively determine the rights or parties, but, will also provide a procedure if an disagreement arises.  Often this involves an agreement to mediate or arbitrate so that the parties are not stuck with the long wait times associated with court battles.

Generally these agreements should be negotiated and discussed before the purchase of a piece of Real Property.  The idea being that if the parties cannot agree on the governing of piece of real property then it is advantageous for the parties to have an opportunity to cancel the purchase.

While a TIC Agreement requires an additional initial investment, often the amount of headache it can save down the road far, far outweighs the up front cost. The San Francisco based real estate attorneys can assist with preparing or reviewing a TIC Agreement to make sure your rights are protected.

 

Arbitration in California

Arbitration0 comments

ArbitrationArbitration in California is an alternative to the traditional lawsuit.  It involves an agreement to go to a private professional to settle a dispute between parties.  Generally, parties agree to such a procedure by contract before a dispute arises, however, parties can also agree after a dispute arises to go to arbitration instead of filing in court.  Arbitration can be agreed to in almost any kind of action: from real estate Tenancy in Common Agreements, to medical and dental malpractice.

Generally, going to arbitration is advantageous in that the process is much quicker than a traditional lawsuit.  This is especially true in the San Francisco bay area where most courts, facing budget cuts year-over-year, are simply overwhelmed with lawsuit filings.  Arbitration occurs more quickly because the process is (generally speaking) more flexible.  However, the flexibility of arbitration also serves as one of the greatest weaknesses to the process: a more flexibility process like arbitration does not necessarily have as many procedural safe guards as the more stilted and cumbersome court proceedings.

Whether Arbitration is right for you in the San Francisco bay area depends upon the specifics of your case.  The San Francisco based attorneys of Jones & Devoy have experience in arbitration matters and can advise you on whether it is right for your case.

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    Alexander T. Jones

    Mr. Jones has an extensive background in both general litigation and family law as well as experience in various business and transactional matters…

    Daniel R. Devoy

    Practicing civil litigation with an emphasis on client advocacy, Mr. Devoy is experienced in litigating a wide range of legal matters …

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