Pre Suit mediation residential real estate contracts

real estate

Do you have a dispute with a Buyer or Seller of real property in Florida? Pre-suit mediation may be your next step.

In FAR/BAR Residential Sale and Purchase Contracts, there are terms and conditions that provide the obligations of the Buyer and Seller.  If you find yourself thinking: “The other side is not complying with the Sales Contract. What can I do?” Pre-suit mediation may be the answer.  Most FAR/BAR contracts require the parties attend mediation before initiating a lawsuit.

Mediation is a relatively informal process and a good opportunity for the parties to resolve conflict with a neutral third party as the mediator.  In mediation, both parties are given the opportunity to explain their issues to the mediator and the mediator speaks with both parties to attempt to resolve those issues.The pre-suit mediation requirement is advantageous to both parties because mediation provides the parties an opportunity to resolve their conflict before beginning the potentially time consuming and expensive process of litigation.  Typically, the cost of the mediation is split between the buyer and the seller. Even where no settlement is reached, pre-suit mediation can help narrow the issues to be litigated which saves time and money later. If you have questions about a FAR/BAR Contract or believe there is a dispute, you should contact a real estate attorney.