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Comment by ethbr0

3 years ago

Absolutely, but there are a few points that render this ineffective as a market mechanism in our current reality.

Point 1: You're probably yourselves vs a professional management company / large property owner. They obviously bring more resources and experience to a legal case than you do, in addition to simply having more time to engage in one.

Point 2: That's assuming you can even take the case to court, and didn't sign away any disputes into arbitration.

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ethbr0

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thaumasiotes  3 years ago

> Point 2:

I don't think that matters at all; if you have a term in your contract that a court will find unconscionable, an arbitrator is... shall we say, extremely likely to find the same thing.

You're also free to haul the arbitrator into court if they make an egregious ruling. The fact that you were subject to binding arbitration and the arbitrator awarded your firstborn son to the company isn't going to be any more convincing to a judge than the alternative fact that your contract clearly states you're giving up your firstborn son to the company.