Disputes Between a Buyer and a Seller

Let’s get real here…disputes can happen, in every type of relationship and this is no different in a real estate transaction. However, when clients are educated and understand the contracts most of this can be avoided. It is extremely important that you are working with an experienced real estate agent.

Buyers and sellers can have disputes, Texas Real Estate Commission TREC recently revised its contracts to change the requirement to mediate from optional to mandatory. Buyers and sellers must now attempt to resolve any contract-related dispute through mediation before going through the court system.

A question came from a buyer when reviewing the contract who asked a question regarding the MEDIATION paragraph in the One to Four Family Residential Contract (Resale) updated 7-18-14. The question was, does agreeing to this paragraph mean he/she can’t sue the seller if he/she breaches the contract?

The answer from a long term broker, Lynda Spence who is a second generation Realtor with 30 plus years experience in real estate sales, marketing and investing. Currently specializing in the State of Texas and Federal real estate Compliance Review Board and the Regional Compliance Broker for eXp Realty, LLC – serving DFW, EAST TEXAS, WEST TEXAS and SAN ANTONIO said:

“If a contract-related issue arises that can’t be resolved through informal discussion, the parties must submit to a mutually acceptable mediation service or provider and pay the cost of mediation.”

BOTTOM LINE

It’s in everyone’s best interest to find amicable solutions to Buyer/Seller disputes in a transaction. There are a lot of emotions involved in buying and selling houses. Look for solutions and work with the other agent. It is not about who is right or who is wrong it is about finding the best solution for the clients involved.

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