Revising the Arbitration Clause in Real Estate Contracts

2 Pages Posted: 20 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Jon H. Sylvester

Golden Gate University - School of Law

Date Written: September 1, 2004

Abstract

This article discusses arbitration clauses between buyers, sellers, and brokers. In California. CCP 1298 is preempted by 9 USC 2, but agreements, however, may still require being initialed. Brokers are cautioned on using the CAR Residential Purchase form because the arbitration clause may be ineffective.

Keywords: CCP 1298, 9 USC 2, CAR Residential Purchase, arbitration agreement, broker, Hedges v. Carrigan, Grubb & Ellis v. Bello,

JEL Classification: K11

Suggested Citation

Bernhardt, Roger and Sylvester, Jon H., Revising the Arbitration Clause in Real Estate Contracts (September 1, 2004). Available at SSRN: https://ssrn.com/abstract=1789824 or http://dx.doi.org/10.2139/ssrn.1789824

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

Jon H. Sylvester

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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