PSAR GENERAL & Communication.

Q. How do I change my PSAR membership information (email, phone #, etc.)

Navigate here, then log in with your MLS ID and PSAR password (not your MLS password). Once logged in, click on “View/Change Your Personal Information.” Once you have inputted the new information, click on the “Submit” button. If you forgot your password to PSAR's membership portal, it can be found here.

Q. I'm not receiving email from PSAR. How do I subscribe?

To re-subscribe to PSAR email please click here.

 

Q. How do I make a payment on my PSAR account, register for an event or class, or pay MLS fees or annual membership fees?

Payments may be made online at www.psar.org using the "PSAR Member" log-in button. Each PSAR member has a Member Account using your MLS number as ID and password set up at joining PSAR. If you have forgotten your password, click on "Forgot password" to establish a new password. Non-members may create a non-member account and pay non-member prices for most events.

 

Q. Are you open during lunch? And how late are you open?

PSAR's three service centers are open from 9:00 a.m. to 5:00 p.m. Mondays to Fridays.

 

Q. How do I change the company name in my zipForms account?

Go to www.car.org and log in. Under your account profile, you may change the company name. If you need additional assistance, the zipForms Tech Support number is 213-739-8200

 

Q. What credit cards do you accept?

We accept MasterCard, Visa, Discover and American Express.

 

Q. When are your pitch sessions, and how do I add my listing?

Look here for more information.

 

Q. My zipForms account won’t take my password. Can you check that for me?

Unfortunately, PSAR doesn’t have administrative access to your zipForms account. CAR would be happy to help. Their phone number is 213-739-8200. If you can’t get a hold of anyone, we recommend that you reset.

 

Q. What are the qualifications to join the monthly plan? Are there penalties for joining after the deadline? Are there penalties for canceling early?

The PSAR monthly plan is a great option for career REALTORS® who are looking for a way to stabilize payments month over month. Active PSAR REALTOR® members may subscribe. The details of the plan require a conversation with our service team because each situation is different. Open Enrollment is in June. Please contact us at support@psar.org or call us at 619-421-7811 to learn about our monthly plan. Once on this plan, you never have to think about renewing or paying your Realtor renewal dues, MLS Fees, or Annual Sentrilock Key Fees.

 

Q. When are the marketing sessions? How do I add a property to the Rally and Ride and Brokers Open?

PSAR hosts the “South pitch” which covers South County every Wednesday at our Chula Vista Office from 9:00 am to 10:00 am. The "East Pitch” covers East County, every Thursday at our El Cajon Office from 9:00 am to 10:00 am. Networking starts at 8:45 for all pitch sessions! More information and instructions may be found here: Broker Pitch and Caravan.

We are a welcoming organization, and we encourage agents selling in our area to participate and network. Affiliates must be members of PSAR or for $5. Affiliates may attend as guests to see if our meetings are worthwhile for them.

 

Q. I need the REALTOR, Equal Opportunity Graphic, and MLS logos for my business cards, where can I find them?

Log into REALTOR.org, and go to the logos and trademarks section here: http://www.realtor.org/logos-and-trademark-rules.

 

Q. We are co-hosting an event with PSAR and we need a copy of PSAR's logo. Where can we find various formats of the PSAR Logo?

If you are an authorized user of PSAR's logo, a copy may be found here.

 

Q. PSAR volunteers appear to have so much fun. They know lots of other REALTORS, and they really care about the industry. How do I volunteer at PSAR?

Register and see volunteer opportunities HERE, or email support@psar.org and one of our friendly staff will help you.

 

Q. How can I update my logo and contact information in RPR?

Click HERE to log into RPR, and then go to the gear in the upper righthand corner of the page.

 

Q. Where can I learn about the Sign Ordinances in San Diego County?

San Diego County Realtors can find information on our Sign Ordinances webpage. If we are missing anything, please email us and let us know.

MEMBERSHIP back to top

Q. Can I join PSAR if I belong to another REALTOR Association?

Yes, you can join PSAR even if you belong to another REALTOR Association. You just need to pay the local portion of the REALTOR dues and you can participate in the association in any way that you like. Enjoy our events, education, sales, and service centers - you become one of us. If you want MLS access and you belong to PSAR as a REALTOR, we can hook you up with CRMLS - the best in the business!

 

Q. I want to market a great product or service to REALTORS. How can I do that?

Only Affiliate members can sponsor and market products and services to PSAR's members. Affiliate members are partners in the transaction. We value our Affiliate members. Find out more about being an Affiliate member here.

 

Q. Where can I find PSAR's By-Laws?

Click HERE or visit our Documents on Demand page where you can find all necessary and current documents.

 

Q. Can I join PSAR and recruit agents away from other Brokers?

PSAR's Mission is to Empower REALTORS. We help REALTORS help each other by working together. Together, we accomplish things that can't be accomplished alone or even as part of a company with thousands - or even tens of thousands - of agents. Please do not use your association or our facilities to undermine competing brokers. If that is your business model, then there are other places to work on that project.

 

Q. Who is in charge at PSAR?

PSAR is governed by volunteer REALTORS and an Affiliate member on the Board of Directors. The Board sets the overall policies of the Association. The Board hires and fires the CEO, and the CEO manages the associations, our resources, and our staff. Our CEO is always willing to discuss association issues with our members.

 

Q. I am switching Brokers. What do I need to do?

Keep in mind that the Broker owns the listing. Make sure that you have an agreement about how your listings will be handled. To transfer Brokers, go to our Documents On Demand page under the Membership dropdown option on our website. Look for the TRANSFER FORMS subheading.

 

DUES  back to top

Q. How much does it cost to belong to PSAR?

PSAR has the lowest Realtor Dues in San Diego County. Our Membership options and fees can be found here.  Our monthly plan is unique in the industry. Ask about how it works.

 

Q. If my Broker is a member of the National Association of REALTORS® & the California Association of REALTORS®, do I need to belong to NAR & CAR, and a local association?

Yes. If your Broker is a REALTOR®, you must mirror his or her membership.

 

Q. Can I belong to the MLS without being a REALTORS® member?

Yes, but your Broker may not be a REALTOR® if you do. Your Broker must be an MLS-ONLY Participant. MLS Only Subscribers do not have access to zipForms, the CAR legal Hotline, or other PSAR, CAR, or NAR benefits.

 

Q. What happens if I do not pay my dues and I work for a Broker who is a REALTOR®?

Your Broker is responsible for all agents hanging their license under his Broker’s License. His Association is notified of all licensees who do not hold active Realtor membership. You have 60 days to join an Association. If you do not join or pay your Realtor renewal dues, your Broker will be notified and billed Non-Member Salesperson Dues. If the Broker's office is not in compliance with CAR, his entire office will lose access to Realtor membership.

 

Q. Can I become a Secondary Realtor Member of PSAR if I belong to another local association of REALTORS® in California?
 
Yes, here are the fees to do so. Secondary members can enjoy all of the benefits that Primary Realtor members currently enjoy. This also includes holding CRMLS access account through PSAR.
 
 
Q. How can I print my PSAR expenses for the previous year or over a period of time for personal reasons or tax purposes?

You're going to want to follow these simple steps to access all paid and unpaid invoices for the year. First, navigate HERE where you will log in using your member number log-in and password. Then, click "Pay Dues and South Store Here," from there click "View Paid and Unpaid Invoices" for Dues, then scroll to the bottom of that page and click "Account Activity Report," and choose the period needed. The same report can be run for your MLS fees. As always, if you run into any problems, please give PSAR a call and one of our staff members would be more than happy to help! 

 

CRMLS  back to top
 

Q. I can't log into my MLS, can I do anything off hours?

Most of the calls that we get related to trouble logging into the MLS are related to a payment issue. If you can't log in, try going to the "PSAR Member" link on our homepage. Log in using your MLS ID and your PSAR password (it's different from your MLS password). If you don't remember your password, reset it and try again. Make sure that your account is current. If your service has been inactive for a short period of time, it can be activated in a few hours by paying here.
 
 

Q. My access is shut off all the time for lack of payment. Help!

If you are serious about your business, subscribe to MLS service using your credit card and keep that card up to date. Join the monthly plan, and it gets even easier. PSAR sends out reminders via email and text. We depend on our members to track when the bills are due.
 
 

Q. I list in San Diego and in other parts of the state. What options does PSAR offer?

At PSAR, agents and brokers can get both CRMLS Paragon and CRMLS Matrix. For listing in San Diego, Paragon is best. For listing elsewhere in the state, Matrix is best. A second MLS is only an additional $6 per month. Try it out!

 

Q. Where can I find the most information about CRMLS?

Most information is on the CRMLS San Diego resource center on the CRMLS website. You can find it here: https://go.crmls.org/sandiego/.
 
 

Q. How do I file a listing exclusion with for CRMLS?

For CRMLS San Diego Paragon, file the exclusion using this digital sellers exclusion (SELM) here. For CRMLS Matrix users, file the exclusion using this digital sellers exclusion (SELM) here.

 

Q. Where can I find a listing input form for CRMLS San Diego Paragon?

For CRMLS San Diego Paragon, look here: https://go.crmls.org/paragon-listing-input-forms/.

 

Q. Who is authorized to access the CRMLS? Can attorneys join?

Section 4.1 of the MLS rules can explain this. The short answer is that you must be a Broker and agree to the rest of the MLS rules.
 
 

Q. What is the difference between a PSAR member vs. an MLS participant/subscriber?

Only REALTORS® and Affiliates are considered “members” of the Pacific Southwest Association of REALTORS®. As such, they pay local Association dues to PSAR and have access to member benefits, which includes entry into the password-protected areas of www.PSAR.org. Salespersons and Brokers who subscribe only to the MLS are considered MLS participants or subscribers and may not use the REALTOR® trademark (unless they hold REALTOR® membership with another Association). Additionally, in order for a Salesperson to join/subscribe, his or her Broker of Record must be a member/participant with PSAR in order to have a membership and MLS access.

As such, the Broker of Record sets the “membership level” for the office. For example, all Salespersons joining under a PSAR REALTOR® Broker would join as a REALTOR® and pay Local, State, and National dues plus MLS fees. While PSAR cannot require REALTOR® membership, if the Salesperson in a REALTOR® office does not elect to join, his or her Broker will pay a dues assessment per each licensee. Likewise, a Salesperson could not join as a REALTOR® with PSAR if his or her Broker only subscribed to the MLS.

 

Q. Are there fines for not following the MLS rules?

Yes, the fines can be as high as $1,500. It's very important to understand the MLS rules. The MLS provides the cleanest most accurate real estate data in the world. There is also a considerable liability if laws and rules are broken. Here is a link to the CRMLS Citation Policy. In the back of the document is a list of fines. Please understand these rules.

 

Q. How do I change my listing from "Contingent" to "Active" or "Pending?"

While in the edit portion of the listing, after changing the status back to Active, remember to go to the “Mandatory Remarks” field and select “None Known,” and save. Once this is done, the listing will be inactive status.

 

Q. Must I have MLS access?

If an agent does not want MLS access (and be exempt from paying MLS fees), he or she must obtain a letter from the Broker of Record, to be submitted to PSAR, stating the Broker’s understanding that the agent will not have access to the MLS. Sharing of MLS passwords is a violation of the MLS rules. Note, you must have an active CRMLS account to have a Sentrilock or Supra account to use their products or services.

 

Q. What is CRMLS?

CRMLS is the statewide Multiple Listing Service (MLS). It is the largest MLS in the country. Click HERE to view the CRMLS Coverage Area Map!

 

Q. My broker already has CRMLS access via another association, why do I need to set my offices up with CRMLS access through PSAR?

Setting up CRMLS through PSAR will allow your PSAR agents to choose which MLS service they would like to use being either Paragon, Matrix, or both. Many agents prefer one system or the other.

 

Q. How do I add CRMLS for my brokerage, myself, and my agents?

Adding CRMLS is quick and painless. Just complete the simple application (this application is digitally signed through “HelloSign”) to add CRMLS. If the Broker already has access through another AOR, simply submit a letter of good standing along with the application. You will not need to pay access fees as a Broker Participant if you are already paying for CRMLS through another AOR. If you don’t already have CRMLS, PSAR is offering a low quarterly rate for Broker access. Once set up, any agents under your brokerage may add CRMLS for a low quarterly fee.

 

Q. How will the MLS change affect how I input my listings?

It is important to note that all residential listings were automatically sent to CRMLS. While programming work continues on adding other property types, the SmartLink into the CRMLS system will still also be available for use.

 

Q. What listing information does the data-share in the MLS include?

Click here for the most current information.

 

Q. What are "Guest Links" on the side of the Paragon screen?

This is guest access to the participating MLS systems. All agents use the guest access to log into the same user account so each guest can see client information and searches. To provide greater security, the system is purged each evening therefore SDMLS subscribers may not save searches. Services like Prospect or use of auto notification is not available in the guest access leaving subscribers unable to enter listings through links in the MLS. Please see the instructions for listing input under the individual MLS.

 

Q. How does CRMLS compose their Board of Directors?

CRMLS's Board of Directors is composed of seats appointed directly from member associations as well as by the Brokers. What sets CRMLS governance structure apart is that they do not require an additional layer of approval from the Shareholders which drastically reduces the amount of politics that occur between member associations.

 

Q. What do CRMLS's Committees consist of?

CRMLS committees include the Operations Committee, Association Executives Committee, and the Budget and Finance Committee which all ensure emerging issues are adequately reviewed and that all voices are heard. All of CRMLS's services, products, changes and enhancements are driven through committees of dedicated REALTORS® and active Association Executives.

 

Q. Is there a way to print a report that tells a broker which agents have listed or closed a deal in the last 12 months?

The best way to do this is to search the MLS for sold properties and in the fields for listing or selling agent, include their license number. It is best to run 2 separate searches, one for when they were the listing agent and one for when they were the selling agent. If you use the singular field that includes both listing and selling, it will only show you the ones where they were one both sides.

 

Q. Did your client accidentally opt out of receiving emails from the Paragon Client Connect in the CRMLS Paragon Collaboration Center?

To opt back in and to begin receiving listings again, please follow these steps: Go to the link below and ask the client to enter their email. The client will have 72 hours to respond to an automated email sent to their account, and the system will opt them back in. http://p00.paragonrels.com/paragonsubscriptions/optin.aspx

 

 

LOCKBOX  back to top

Q. What kinds of lockboxes can PSAR members use?

PSAR provides Sentrilock boxes for use in San Diego County. We share access to this system with SDAR's, SDMLS subscribers. PSAR also provides access to Supra Lockboxes. As a member of CRMLS, PSAR users can get a key to access and sell in more than 53 different Association areas using a PSAR Supra Key. 

 

Q. Where can I find how to use my SentriLock lockbox?

Follow this link to know how to use your SentriLock lockbox: How-To Videos from Sentrilock

 

Q. How to use Sentrikey App with no Cell Reception:

  1. Open the SentriKey App before you leave for the day. This renews your credentials for the day (always do this - it is a must!).

  2. If it is a Bluetooth Lockbox in a low to no-cell service area, nothing needs to be done. The Lockbox will work without cell coverage.

  3. If it is a non-Bluetooth Lockbox, the listing agent needs to schedule an appointment for the showing agent to go to the Lockbox, and the showing agent needs to open the app and check their schedule to ensure the appointment is there before going to the listing.

  4. If the appointment shows up in their schedule, they will key in the serial number of the Lockbox at the property and the app will give them a mobile access code.

Q. Where can I buy lockboxes? What is the cost?

PSAR sells lockboxes in our East, South, and Central County Service centers. We sell new lockboxes but have frequently used lockboxes at a much lower price while supplies last.



Q. I forgot my Sentrilock Pin # or Sentrilock Log-in Password. How can I log in?

Call support at 1-877-736-8745 or support.sentrilock.com.



Q. How can I change my office name so that it appears correctly in CRMLS and how fast does it show up?

Please provide us with a copy of your DRE license or paperwork from the county with the approved name and we can update that in our database and in CRMLS within an hour. Please send an email to support@psar.org and request the change.



Q. I'm in a bind. I lost my Sentrilock card. How can I preview a property?

As a member of PSAR, you will receive free access to Sentrismart. Sentrismart is free for all PSAR Sentrilock Subscribers who subscribe for MLS service through PSAR, allowing you to open lockboxes via your mobile device like normal without having to renew your card every 72 hours. Leave your card at home and show property using Sentrismart. Click HERE to download from the Apple store or HERE to download from Google Play!

 

Q. How do I open a Supra Opening key container with the Supra eKEY app?

Follow this link to a video: Opening a key container with the Supra eKEY app

 

Q. How do I use the Apple Watch with the Supra eKEY app?

Follow this link to a video: Using the Apple Watch with the Supra eKEY app


Q. Where can I find more information about Supra?

Follow this link: Supra eKey Resource Page

 

Q. How do I open a Supra Lock Box?

Watch this video: Open your Supra Box

 

Q. Where can I contact Supra?

Agent Support - 877-699-6787 (7 days/week 5:00 am to 7:00 pm PST)

 

EDUCATION back to top

Q. Do you have live Real Estate Salesperson Classes?

We have excellent home study college level Real Estate Courses that you can complete at your leisure within a year from the time of purchase. To learn more about getting your real estate license, contact PSAR at either support@psar.org, 619-421-7811 or visit PSAR’s website for further classes. Class material may be purchased at either the El Cajon or the Chula Vista office.

 

Q. What is a REALTOR®?

A REALTOR® is a member of the National Association of REALTORS® who is required to abide by a strict Code of Ethics. The term REALTOR® is a registered trademark of the National Association of REALTORS® and misuse of the term is a trademark violation. To become a REALTOR®, a person who holds a real estate license may join their local REALTOR® Association which makes them automatically a member of the State and National Associations.

 

Q. How long does it take to get a real estate license in California?

Because of mandatory education wait periods and taking the exam, the whole process from education to license in hand can take approximately five to six months.

 

Q. What are the basic steps involved in getting a real estate license in California?

You must be at least 18 years old. Register for and complete 135 hours of required education. Click here to visit our preferred Education partners to enroll in a class today!

 

Q. When is new member orientation?

New member orientation is offered every month on the second Friday of the month. Registration is required. To register, email support@psar.org or call (619)421-7811.

 

Q. Where can I find a list of upcoming classes scheduled at PSAR?

Click here for a complete list of current class offerings.

 

Q. How do I cancel a class I have registered for?

You may cancel via email to support@psar.org. Include your name and name of the class.



Q. I am not a member
but would like to register for a class. Is that possible?

Absolutely! Most class registration pages have a Non-Member ticket type. If you need assistance, please call (619)421-7811 or email support@psar.org.

 

Q. When do I need to take my NAR Code of Ethics Training?

All REALTORS® must take a NAR Code of Ethics Training once during the pre-designated two-year cycle in order to maintain REALTOR® membership. If you have NOT taken an Ethics class after January 1, 2018, you must do so by December 31, 2019, and every two years thereafter in order to remain a member in good standing.

 

Q. How often do I need to renew my real estate license?

Licenses are issued for a four-year period and should be renewed prior to the expiration date listed on the license.

 

Q. How do I know when my license expires?

Click here to see when your license expires.

 

Q. What are the continuing education requirements for license renewal?

As a licensed sales agent or broker, you are required to complete 45 hours of continuing education (CE) every four years as part of your license renewal. Visit our Education Calendar for live classes here.

 

Q. Can I still get all my continuing education credits done in one day?

No. CalDRE requirements now specify minimum study periods between exams, which is why all of our renewal programs require a minimum of 6 days to complete (CalDRE allows for a maximum of 15 study hours in any 24 hour period).

 

Q. What does the CalDRE need from me to renew my license?

They require proof of completion for 45 CalDRE-approved continuing education credit hours (48 hours for first-time renewing Brokers), as well as payment of renewal fees.

 

Q. What are CalDRE renewal and licensing fees?

Since they change frequently, please contact the CalDRE here directly for the most updated info.

 

Q. How soon can I submit my license renewal to the CalDRE prior to my expiration date?

The CalDRE will not process your renewal more than 90 days prior to your expiration date.

 

Q. How can I contact the CalBRE?

There are three main ways to contact the CalBRE:
  1. By mail – P.O. Box 187001, Sacramento, CA 958182. By phone – San District office –
    (619) 525-4192
  2. For other detailed contact info, visit the CalBRE website's contact page, here.

 

Q. Where can I get CalBRE forms?

You can get electronic PDF versions of CalBRE forms on the CalBRE website at http://www.dre.ca.gov/.

 

Q. How do I complete my renewal?

There are two ways to submit your license renewal:

  1. Online through CalBRE’s free eLicensing system
  2. Mail forms to the Sacramento CalBRE

 

Q. How long will it take CalDRE to renew my license?

Renewals are immediate when you use eLicensing. In contrast, CalDRE takes a while to respond to license renewals if they are submitted by mail. (Online renewals are processed immediately.) See if CalDRE has received your renewal application by checking:

  1. The CalDRE response schedule
  2. Your bank account to see if your check has been cashed
  3. Your license status online

 

Q. What do I need to get a Broker license?

CalDRE requires you complete 8 statutory courses from the list of CalDRE approved statutory courses.
To see a complete list of courses, visit the CalDRE’s site
 here. You may then schedule a date to take the state exam with the CalDRE.

 

Q. What is the 70/30 Continuing Education Exemption?

If you’ve held a CalDRE license in good standing for 30 years and are 70 years of age on your license expiration date, you may file for a continuing education exemption using form that can be found on the CalDRE’s website here.

 

Q. How do I join the Education Committee?

Committee sign-ups are typically at the start of the year, but don't let that stop you! Contact our various Committees here

 

BROKER COMPLIANCE back to top

Q. Where to go to manage my license?

To manage your license, simply go to eLicensing.



Q. How does a Broker REALTOR® remove a non-compliant REALTOR® from their license?

To remove a non-compliant REALTOR® from their license, visit the following links: eLicensing or DRE forms.

 

Q. How does a Broker REALTOR® Manage their Broker compliance?

PSAR provides a user friendly application to help Brokers and their Admin keep their offices in compliance.

 

GOVERNMENT AFFAIRS  back to top

Q. What is Government Affairs?

Government Affairs is the bridge between the association membership and government. When new policies and laws are being developed, PSAR’s Government Affairs staff work to ensure that the concerns of REALTORS® and property owners are not forgotten in the process. Government Affairs is there to be the voice for the REALTORS® and our success is dependent upon the support of each and every REALTOR® member.



Q. What does Government Affairs do?

With the support and guidance from REALTOR® volunteers on the Government Affairs Committee, Government Affairs represents PSAR members on public policy issues that impact real estate. The Government Affairs Director provides recommendations to local policy makers and key government staff on the issues and concerns of REALTORS® and recommends association policy within PSAR.



Q. What is the REALTOR® Action Fund?

The REALTOR® Action Fund, also referred to as RAF, is the way for PSAR to raise money for our REALTOR® Political Action Committee (PAC). The REALTOR® Action Fund raises money to promote the values, attitudes, and beliefs of organized real estate; every dollar is used to protect and advance REALTORS’® interests in government. Learn more at raf.car.org.

 

Q. How can REALTORS® get involved?

The three principals for REALTORS® to get involved are: Vote, Act, and Contribute.

Vote: Register to vote and show up to the polls on election day to support REALTOR® Party candidates. These are candidates that receive the endorsement of PSAR, C.A.R. or NAR.

Act: Respond RED ALERTS and Calls-For-Action on key issues that are important to property owners and real estate professionals. Sign up to receive RED ALERTS.

Contribute: Protect the real estate industry and your business! The REALTOR® Action Fund (RAF) raises money to advance the goals of the REALTOR® Party. 

 

RISK MANAGEMENT 
back to top

Q. What is Mediation?

Mediation is a process in which a neutral person, known as the mediator, helps parties reach a settlement to their dispute by opening lines of communication, objectively evaluating the case, identifying parties’ real needs and finding a solution to address those needs.

 

Q. How is Mediation Different from Other Dispute Resolution Processes?

Litigation is governed by formal rules and procedures of court and is generally time-consuming and expensive.

Arbitration is similar to litigation in that it is an adversarial process where the parties submit evidence to a neutral third person (the arbitrator) whom then renders a decision on their dispute. However, arbitration usually occurs in private, rather than in a public court, and is not conducted under a court’s formal rules and procedures.

Mediation differs from litigation and arbitration in many ways. Perhaps the most significant difference is that mediation is a non-adversarial process, the parties do not formally argue their positions and give decision making power to a third party. Instead, the mediator’s role is to help the parties achieve a mutually agreeable resolution of their dispute.

 

Q. What are the Advantages of Mediation?

Mediation is a flexible dispute resolution system that can be used to resolve virtually any type of dispute. It allows the parties to work together and control the decision making process. Because mediation is non-adversarial, it also allows parties to achieve a “win-win” situation, as opposed to the winner and loser scenarios associated with litigation and arbitration.

 

Q. When Does Mediation Occur?

Mediation can be initiated at different times in a transaction and for different reasons. First, mediation might be necessary when a dispute arises during a real estate transaction that could threaten the closing of the deal, which could affect a pending purchase for the seller, the buyer’s locked loan rate, or other scenarios specific to that transaction. Second, mediation can occur after the transaction for deposit issues, undisclosed defects, commissions, easements, or other such matters.

 

Q. How Does the Mediation Clause in the Purchase Agreement Apply?

When the parties execute a Purchase Agreement, they agree to mediate any issues that may arise from the transaction. If a party refuses to submit to mediation, he can be denied attorney’s fees to which he might otherwise be entitled in subsequent litigation or arbitration. The purpose of the mediation clause is to get the parties to the table where, under a mediator’s expert guidance, they can resolve the dispute on their own terms, inexpensively and expeditiously.

 

Q. Do I Need a Lawyer at Mediation?

Although the presence of an attorney is not required, you may bring one if you are unsure how to proceed with mediation or feel more comfortable with representation. One key to successful mediation is to identify what you need in order to feel comfortable during the process.

 

Q. What if Mediation Does Not Resolve My Dispute?

While statistics show that mediation is highly successful, the parties are free to pursue any other available system of dispute resolution in the event the mediation does not resolve the dispute. Even if this is the case, mediation can still prove valuable by narrowing areas of dispute and allowing the parties to express their grievances, thus allowing future proceedings to be more efficient and focused.

 

Q. What is arbitration?

Arbitration is a form of alternative dispute resolution (ADR) that is a legal technique for the resolution of disputes outside the courts. The parties to a dispute refer it to one or more persons (the "arbitrators," "arbiters," or "arbitral tribunal") whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.