In a vacant land purchase agreement where buyer and seller sign

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In a vacant land purchase agreement where buyer and seller sign the binding arbitration clause and it goes to trial, can the case be vacated at a reasonable cost, with not much difficulty by a real estate attorney due to the point that the trial judge did not have jurisdiction to try an arbitration case in the first place?

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Truckee, California

Already Tried:
Have spoken to two other attorneys who do not wish to take case further

Customer (name blocked for privacy)

Status: Closed Value: $5

Generally the request to dismiss would have to occur before any trial proceeds. Going to trial may be deemed as an acceptance of that forum as having jurisdiction. In other words, the jurisdictional issue is waived.

Certainly a Motion may be brought before any trial to enforce the arbitration provisions of the contract.

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Okay, but what if we were misguided by our attorney in that we weren't informed about the arbitration clause being a binding contract stating we gave up our right to a jury or court trial. We didn't understand this section of the contract until after trial. Is there any recourse to vacate or dismiss then proceed to arbitration?

Unfortunately, you are bound by your attorney's actions. It is generally not a basis to reopen. It may give rise to a malpractice case against the lawyer, but it will not change the result. It would appear to be a bad oversight. I am sorry for that.

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Relist: I still need help.
Along the same question, can I have the case vacated, dismissed if there was no court reporter offered at trial, the judge had a lap top,but I now hear I can't appeal if there is no official record to review or seek discovery. How can this be deemed a fair trial, if we were never offered a reporter or told of the ramificaitons of not having one?? I'm sad, frustrated and broke.

Again, it is extremely unlikely that you can have the case vacated. You were provided a court hearing at which you appeared and were represented by counsel. You apparently had the option to have that proceeding recorded. That was nt done. As a result, you cannot, after the fact, seek to set aside the proceesing based on that omission.

Your remedy is likely against your lawyer.

WIth that being said, often there are procedures that allow parties to submit their own statement of the facts when filing an appeal. You should consul with a new lawyer on that issue. Do so quickly since appear deadlines come quickly.

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