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Bodily Injury Excluded From Residential Real Estate Arbitration Requirement

So you bought a house.  Everything is great until you've been there awhile, and you start finding that you're sick, and you think it's due to the house.  You want to sue, but you read the purchase agreement and see that it contains a mediation/arbitration clause.  Those provisions are in the standard California Association of Realtor contract, typically used to buy a house here in California. 

Do you have to mediate?

Not according to this recent opinion, Gravillis v. Coldwell Banker, which limits those provisions to contractual claims arising out of the purchase, and excludes claims for bodily injury.  You can go straight to court and don't have to arbitrate.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Wednesday, October 04, 2006 at 18:55 Comments Closed (0) |
 
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