Penalizing sellers who stay put

I read “Dear Seller: Get a Move-On” (Dec. 4), regarding owners not vacating a property at close of escrow, with interest. A simple solution I learned when I moved to Southfield, Mich.: The escrow instructions read, “At close of escrow the escrow officer is instructed, as agreed by both buyer and seller, that a sum equal to the buyer’s first month’s mortgage payment will be held and prorated by each day the seller stays in house after the escrow closing date. The balance will then be returned to the seller by escrow.” This will get a seller out. Pronto!

WASHINGTON H. COBB

Los Angeles

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Before initialing the arbitration provision on the preprinted “standard” purchase agreement, the parties ought to have a full understanding of what they are giving up. Sellers have been advised by their agents not to accept offers where buyers opt out of arbitration, and this issue has been a deal-breaker.

But real estate agents and brokers are not lawyers. Both sides are giving up not only the right to a jury trial, they are giving up any trial in a court of law before a judge; they are giving up discovery proceedings, which are critical to the resolution of a dispute; they are giving up the right to an appeal so there is no protection against an arbitrator’s erroneous or capricious decision; they are paying not only a lawyer, but also the arbitration company and the arbitrator.

Think twice before agreeing to arbitration of any dispute.

STEPHANY YABLOW

North Hollywood

The writer is a real estate attorney and a mediator on the pro bono panel of the Los Angeles Superior Court.