Legal Question in Real Estate Law in California
real estate agent arbitration
When a real estate sales person has monies owed by previous broker/employer and the sales person pays for and receives an arbitration resulting in a monetary award, the losing party may request a review of the arbitration hearing based on 'lack of due process''. After such the review the award is vacated and a new arbitration awarede. Does the person who won the award have a right to know what rule of due process was upheld in the review ruling? Is this person allowed to request a review of the review hearing to get the facts? Thank you.
3 Answers from Attorneys
Re: real estate agent arbitration
You need to look at the agreement for arbitration to see what rules you agreed to. A decision can always be appealed for lack of due process; if they did not make a written report it probably is too late to request one but you lose nothing by trying.
Re: real estate agent arbitration
To whom was the appeal addressed? A court or the agency running the arbitration program? Most arbitration awards are final and unappealable to anyone (or, perhaps more accurately, there are very few grounds for a successful appeal).
Assuming the appeal has been made and was successful, where were you during the appeal process? Were you notified? Did you participate?
Also, in giving you a useful answer, it would be helpful to know in what respect the arbitration was alleged to have violated due process to the extent that it was invalid.
Re: real estate agent arbitration
Due process means and opportunity to fairly be heard. A party to arbitration can ask for whatever clarification it wants. That doesn't mean that they will get it. Arbitration is usually binding and without a right to appeal.
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