Re: Public Citizen Report on Binding Arbitration and Homebuilders.

[Guest guest]

The concept of arbitration evolved in part because of clogged court systems.

When doing any contract (and this is not legal advice) it is important to look

for your " resolution " BEFORE you sign a contract. This arbitration clause can

even crop up in divorce/child support agreements as a primary place. It can

waste time while all the " chicanery " becomes triggered.

You may have to walk away from a contract if the only resolution is a " take it

or leave it " arbitration clause, BEFORE you sign. In the long run, if you can

bring your dispute in front of an appropriate court, you have a better chance of

recovery. At least it cannot be hidden behind closed doors. It is " out there "

for the world to witness.

If enough people rejected and " arbitration " clause, at the outset, and enough

people rejected these contracts, then the system would have to react and change.

If the Construction Industry had no customers because everyone refused

arbitration, then in order to have an income of any type, the industry would

have to " clean house " and change.

>

> This is a new report issued by Public Citizen as a follow up to the Binding

> Arbitration Fairness Act lobby day that we recently attended on Capitol

> Hill. It is a detailed report on how the Construction Industry uses Binding

> Arbitration to hold themselves unaccountable for any serious issues that may

> arise with the home. As some of us know " mold " being one of the most serious

> and one of the hardest to prove.

>

> Unfortunately as I have seen here in the past few weeks, there seems to be

> someone on this group who DOESN'T believe that mycotoxins cause severe

> illness and that troubles me greatly. All I can say is that I pray and hope

> that you don't ever have to live through this nightmare. For the unfortunate

> ones like my family and many on this group, we all know the truth and the

> medical facts that can't be denied. Our lives and our health will never be

> the same again! Before we moved into our " sickhome " we were a very active

> ,normal family. Now we all have health issues, COINCIDENCE I THINK NOT!!!

>

> http://www.hobb.org/images/stories/HomeCourtAdvantage.pdf

>

>

>

[Guest guest]

Ginny,

You are right , the Binding Arbitration Clause is in *every single new

construction contract*, when the builders association was asked about opt-in

arbitration they flatly refused. Homebuilders would rather not sell the home

than get rid of the Binding Arbitration Clause. When you read the clause it

clearly says that " you waive the right to a jury trial " .Even in these

economic times, when the builders were asked to change the contract they

refused as they would rather not sell a new home than have the safety net of

having no accountability should issues arise.The name of the arbitration

firm is very often dictated in the contract. Builders tend to use the same

firm over & over again. A huge conflict of interest, this is what we were

able to bring to the attention of the Senators and Congressmen-the

arebirtation firm wants the repeat business from the builder-who do you

thinlk they are going to rule in favor of????

And yes, all done behind closed doors, so the company gets to keep

everything very quiet. I bet Drees wishes they would have been able to go

that route with us, instead of having their name all over the media.LOL

On Sat, May 23, 2009 at 10:50 AM, ginloi <ginloi@...> wrote:

>

>

> The concept of arbitration evolved in part because of clogged court

> systems. When doing any contract (and this is not legal advice) it is

> important to look for your " resolution " BEFORE you sign a contract. This

> arbitration clause can even crop up in divorce/child support agreements as a

> primary place. It can waste time while all the " chicanery " becomes

> triggered.

>

> You may have to walk away from a contract if the only resolution is a " take

> it or leave it " arbitration clause, BEFORE you sign. In the long run, if you

> can bring your dispute in front of an appropriate court, you have a better

> chance of recovery. At least it cannot be hidden behind closed doors. It is

> " out there " for the world to witness.

>

> If enough people rejected and " arbitration " clause, at the outset, and

> enough people rejected these contracts, then the system would have to react

> and change. If the Construction Industry had no customers because everyone

> refused arbitration, then in order to have an income of any type, the

> industry would have to " clean house " and change.

>

>

> >

> > This is a new report issued by Public Citizen as a follow up to the

> Binding

> > Arbitration Fairness Act lobby day that we recently attended on Capitol

> > Hill. It is a detailed report on how the Construction Industry uses

> Binding

> > Arbitration to hold themselves unaccountable for any serious issues that

> may

> > arise with the home. As some of us know " mold " being one of the most

> serious

> > and one of the hardest to prove.

> >

> > Unfortunately as I have seen here in the past few weeks, there seems to

> be

> > someone on this group who DOESN'T believe that mycotoxins cause severe

> > illness and that troubles me greatly. All I can say is that I pray and

> hope

> > that you don't ever have to live through this nightmare. For the

> unfortunate

> > ones like my family and many on this group, we all know the truth and the

> > medical facts that can't be denied. Our lives and our health will never

> be

> > the same again! Before we moved into our " sickhome " we were a very active

> > ,normal family. Now we all have health issues, COINCIDENCE I THINK NOT!!!

> >

> > http://www.hobb.org/images/stories/HomeCourtAdvantage.pdf

> >

> >

> >