Jordan Fogal

Why? Question About Arbitration

After enduring the three day insidious arbitration process and three years of torment, my husband and I received our "Award of the Arbitrator” from the American Arbitration Association ("AAA"). (It takes thirty days for the arbitrator to make a ruling. Those days are referred to as post study. We were billed $1687.00 dollars, for her painstaking post study, for an already made-up mind.)

Under the heading, of the Arbitration Tribunal are the underlined words “AWARD OF ARBITRATOR..”
The word award sounds like you are being given a lovely gift or a present. However, if you are compelled to participate in a mandatory process, you are painfully aware, this gift is not going to be a pleasant surprise. Would it have to be forced on you, if it were fair?

We are staring at this piece of paper issued because we were fraudulently induced to purchase a substandard, defective, $360,000 dollar, uninhabitable house.
This award says: for our attempt to exercise our seventh amendment rights and for going before a judge for a hearing, on fraud becasue of fraud we are to pay the builders, Tremont/Stature, $14,597.50. We are to pay them because WE breached the contract.

The award goes on to the residential Construction Act. RCLA. RCLA is a process in Texas one must complete before any action can be taken in the courts or arbitration? For example: you as the plebeian must go though the TRCC, SIRP, RCLA process before you can initiate anything. Yet the patrician may file on you in arbitration circumventing state law as if it is his birthright. The builder filed on us in arbitration in an attempt to silence us as a retaliatory action for our protesting his defective properties? We did not buy and shut up.

Moving on with our "award." "There was "sufficient evidence." Arbitrator is of the opinion each offer of settlement was unreasonable. Mr. Tom Thibodeau, Mr. Jorge Casimiro' partner testified the settlement offers were lacking. So this means we complied with state law and they didn't?

Statutory Fraud and Common Fraud

The arbitrator denies the claim of statutory fraud. This arbitrator grants common fraud. Now the arbitrator has granted, ruled, decreed that this builder committed fraud period. Does not fraud nullify the entire contract? Not for plebeians.

Claim of Alter Ego.Denied insufficient evidence.

They were caught and thrown out of the better business bureau for playing a corporate shell game. Why do you need 40+ companies? Why is a convicted felon needed to be a part of the company as agent and a director? Why doesn't it matter that the Texas Residential commission has stated because of all the complaints against this company, and its' unethical behavior it cannot receive a new registration? Why is this not important in arbitration?

Why are the other victims a consideration as a pattern of behavior? There testimony is redacted. That means you gather all the testimony at your expense then they do not let you present it.

For all this you do not get "awarded" the down payment on your new house or the money you spent on it. The rich get richer and the poor....We lost our home, our down payment, our credit. We have lived in a small apartment for nearly three years. WE were punished for the conscious, insidious, unethical acts of the patrician, our builder. Now can someone explain to us how arbitration is the fairer, faster way to achieve justice? Is arbitration, the privatization of the justice system ? Does it generally benefit only the wealthy? Who does it protect to have these proceedings behind closed doors? Who does it benefit not to allow the media? Who does it benefit to have secrecy agreements? Who has something to hide? Who has a contract with the arbitration Company? These are just questions these common people do not understand.

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Posted at 4:30 PM, Mar 01, 2007 in
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