Does the American Arbitration Association's "Consumer Due Process Protocol" apply to an agreement between a consumer and a developer, for the purchase of residential real property used for personal and family purposes?
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Only if the agreement specifically provides that, in the event of a dispute, the parties must submit to arbitration before the AAA, or to non-AAA arbitration but utilizing the AAA rules and protocols. If the agreement does not mention the AAA or the protocols, then the answer is no. The parties may at any time, however, enter into an agreement to arbitrate their dispute using whatever procedures, rules or method of selecting arbitrators they choose, or simply file suit if there is no agreement. Sometime agreements provide for AAA arbitration, but limit the extent to which normal AAA rules and procedures will apply. Read the agreement over carefully, and seek legal advise from a real estate attorney in your area.