
Q-Rant: Mediators Who Forget Their Roles
Introduction. Having had my share of bad mediators over the years, I cannot resist this Q-Rant. There is a reason mediators are also called “Neutrals”

Introduction. Having had my share of bad mediators over the years, I cannot resist this Q-Rant. There is a reason mediators are also called “Neutrals”

Introduction. Disputes involving earnest money deposits are a “zero sum game.” There is one winner and one loser; no in-between. Arbitrators do not – or

Introduction. Generally, a contingency is an event that must occur (or not occur)[1] for the transaction to become binding (e.g., loan approval, condition of title,

Introduction. As most Oregon Realtors® know, the OREF Sale Agreement provides that, subject to certain exclusions, all disputes that cannot be otherwise amicably resolved must be

Discussion. The short answer is “Yes.” But the longer answer requires more explanation. First, a caveat: By “review” I do not mean by the listing agent for

Earnest Money Deposits Generally. The term “earnest money” has been historically used to refer to the “deposit” paid by buyers that accompany an offer to purchase

Surveys vs. Visual Inspections. Most buyers do not order a survey before purchasing a home. Some visually check corners for survey pins in the ground, but

These guidelines require the consent of third parties, e.g. sellers, buyers, tenants, buyer brokers, inspectors, appraisers, property managers, contractors, plumbers, and others involved in the

Introduction. Almost as soon as the COVID pandemic flared up, I began to receive calls asking whether the virus could constitute the basis for refusing

Introduction. This question is important for at least two reasons: It determines the time after which neither party can withdraw from the transaction without facing