CA: State Law Banning Forced Arbitration Preempted - Metropolitan News-Enterprise - InspectionNews

Brian Hannigan · #1 (**permalink**) 03-27-2007, 01:03 AM

InspectionNews has found this article about defect litigation or expert witness work that may be of interest to you.

CA: State Law Banning Forced Arbitration Preempted
Metropolitan News-Enterprise, CA - 14 hours ago
1298.7, which permits a purchaser of real property to pursue defect litigation regardless of any arbitration clause. The defendants responded that the ...

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Jerry McCarthy · #2 (**permalink**) 04-01-2007, 03:42 PM

Bad law and equally bad decisions. Binding Arbitration takes away trial by jury plus appeals. This is a good thing - NOT!

Kevin Luce · #3 (**permalink**) 04-01-2007, 08:42 PM

My wife and I have lived in 4 different states (non of them close by each other) over the 15 years that we have been married. We have joked to our freinds that the next place we are going to move to is CA. After hearing this and a few other things about home inspection and CA. I think my wife and I have to pick another state.

Jerry McCarthy · #4 (**permalink**) 04-02-2007, 11:50 AM

California has some of the best home inspectors in the country, however, regardless of whatever state you move too, you have to try and locate them. Clue; don't rely on real estate agents for referrals unless you’re asking who they think is really bad, and then you may catch one of the best? There are an awful lot of folks out there who think they’re home inspectors and remember this, licensing doesn’t mean squat...

Thom Walker · #5 (**permalink**) 04-16-2007, 05:39 PM

I'll bet you wouldn't have to dig very deep to find that insurance companies hate binding arbitration more than anyone. That is, if you eliminate ambulance chasers.

Jerry Peck · #6 (**permalink**) 04-16-2007, 07:29 PM

Let's see ...

Home inspectors use e-mail, and e-mail goes round and round before it finally settles down to the recipient, thus, e-mail if "interstate commerce".

Home inspectors use phones, which come with long distance connections and are sometimes routed through same to avoid outages and storms, the, phones is "interstate commerce".

Home inspectors drive vehicles power by fuels from different states, driving vehicles manufactured in different states, thus, vehicle transportation if "interstate commerce".

Home inspectors use tools ...

And the list goes on and on and on ...

Does that mean that binding arbitration *IS* "enforceable"?