We want the complaintant in a mediation request to pay for the mediation.

UPDATED: May 14, 2009

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We want the complaintant in a mediation request to pay for the mediation.

The buyers of our home have requested mediation regarding the disclosure statement. They have issued completely bogus accusations against us, and we feel they should have to pay for the expense of mediation. They have no case, but we suffer emotionally and financially in having to defend ourselves. How do we legally request that they cover this cost before mediation. I read in the MD real estate contract that we can request it, but it doesn’t say how. Thank you.

Asked on May 14, 2009 under Real Estate Law, Maryland


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm wondering if you have an attorney handling this matter for you, or are you just dealing with the realtors.  Usually the contract for purchase of the house would address mediation issues, including who pays.  If that is not the case, prepare a formal letter, or ask your attorney or your realtor to do it, setting out the conditions under which you will go to mediation, including that the buyer pays for the mediation. You may wind up having to negotiate that point and perhaps having to split the cost, but start out by requesting they pay it.

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