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Mediation and the CAR Residential Purchase Agreement: A Comprehensive Guide for Homeowners, Buyers, and Attorneys

December 11, 2024 | By
Mediation and the CAR Residential Purchase Agreement (1)

Disputes in California real estate transactions can arise from a variety of issues, ranging from earnest money deposit disagreements to undisclosed property defects. When these conflicts occur, the California Association of Realtors (CAR) Residential Purchase Agreement (RPA) provides an important step for resolution: mediation. This process, designed to avoid litigation, is not only efficient and cost-effective but also a prerequisite for recovering prevailing-party attorney’s fees in most disputes.

Here’s what you need to know about mediation, how it works, and why it’s an effective tool for resolving real estate disputes.

Why Mediation Is Required

Under the CAR RPA, buyers and sellers must attempt mediation before pursuing litigation or arbitration if they want to retain the right to recover attorney’s fees. Skipping this step or failing to engage in good faith …

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Posted In: Blog, Client Resources, Real Estate Litigation

Understanding Evergreen Retainers and Hourly Billing: A Guide for New Clients

August 25, 2024 | By
Hourly Billing: A Client's Guide

When engaging in legal services, especially if you’re new to the process, it’s essential to understand how billing works to ensure a smooth and transparent experience. At Vokshori Law Group, we utilize an evergreen retainer system paired with hourly billing to provide consistent, uninterrupted legal representation. This guide will help you understand these concepts and how they benefit you as a client.

1. Initial Retainer Deposit

At the beginning of our legal representation, we require an initial retainer deposit. This deposit acts as a trust fund, from which legal fees and costs associated with your case will be drawn. Think of it as a prepaid account that ensures funds are available to cover the work we do on your behalf.

2. Hourly Billing & Detailed Rates

Our attorneys bill …

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Posted In: Blog, Client Resources

Demand Letters vs. Litigation: Choosing the Right Path for Your Dispute

June 19, 2024 | By

When facing a legal dispute, one of the first decisions you’ll need to make is whether to start with a demand letter or proceed directly to litigation. Each approach has its own set of advantages and disadvantages, and the best choice depends on the specifics of your situation. 

What is a Demand Letter?

A demand letter is a formal written request sent to the opposing party, outlining your legal claims and the actions you want them to take, such as paying a debt or ceasing a particular behavior. The letter often serves as a precursor to litigation and is designed to resolve the dispute without the need for court intervention.

Pros of Using a Demand Letter

  • Cost-Effective

      • Demand letters are significantly cheaper than litigation. The cost of drafting and
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Posted In: Blog, Client Resources