The American Arbitration Association (AAA) is a non-profit entity that deals with alternative dispute resolution. The AAA provides services dispute resolution services to individuals who are attempting to resolve conflicts outside of the courts. If you are selling real estate in Washington state arbitration, and therefore the AAA, may affect your sale.

Arbitration Clauses Are Everywhere: Strong Presumption Favoring Arbitration

Arbitration clauses are very common in standardized real estate agreements, and these clauses can have a profound affect on your legal rights. The United States Congress has passed the Federal Arbitration Act, and Washington state has passed the Uniform Arbitration Act. The net result of these law is that, anytime parties have agreed to an arbitration clause to settle a dispute, they are required to follow through on that instead of going through the courts. Courts will still be used to decide if an arbitration clause is valid, and courts have shown a very strong preference in favor of honoring the validity of arbitration clauses. A contract that includes a arbitration clause is a deemed to have a ‘presumption of arbitrability’. Sometimes people do not even realize that there is an arbitration clause in a contract until a dispute actually arises. Do not be caught off guard, if you are selling property in Washington an experienced Real Estate attorney can prepare or review the terms of your contract.

The American Arbitration Association and Real Estate

If you end up in an arbitration stemming from a real estate sale, the AAA will help facilitate the arbitration process by giving you access to an arbitrator in your area with the specialized experience relevant to your dispute. It is important to find the appropriate arbitrator for your specific needs. The right arbitrator can help substantially reduce the time and cost that comes with any dispute. The AAA will also facilitate the logistics of the arbitration process, this includes:

  • Helping to find an appropriate neutral party;
  • Assisting with scheduling conferences;
  • Administration of the dispute to make sure everything follows proper procedure; and
  • Providing additional support necessary to help the dispute reach resolution.

Contact An Experienced Renton Real Estate Attorney

When you are selling property in the state of Washington you should retain the services on an experienced real estate attorney. It is important that you fully understand and agree to all of the terms within your contract. If you have any questions about the AAA’s affect on property sales or Washington real estate in general, contact Renton estate planning attorney Dan Kellogg today.