The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 141 Number 74

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The People’s Lawyer’s Tip of the Day

Need a perfect stocking stuffer? Why not make it a useful source for your legal rights, the new 9th edition of my book, “Know Your Rights!: Answers to Texan’s Legal Questions.” Available at local bookstores. Click here for more.


Why You Should Sell Your Home in 2019

Few people are predicting that 2019 will be a record-breaking year for home prices. But relatively speaking, 2019 might be the best time for you to put your house on the market. Especially if you’re on the fence about selling this year or next. Home price growth slowed in the second half of 2018, with fewer buyers entering the market, at least partially due to rising interest rates issued by the Federal Reserve. In 2019, consumers shouldn’t expect homebuyers to flood the market again and drive prices through the roof, but it’s also unlikely to be a crisis for home sellers.
 Click here for more.


Your Money

It’s not the kind of news retailers want to hear just days before Christmas. Consumers appear less confident that they can pay their credit card bills, which could influence last-minute holiday spending. CompareCards, a division of LendingTree, reports its Credit Card Confidence Index dipped in December showing consumers are less confident they can pay off their credit card bills in full. That doesn’t necessarily mean that consumers won’t keep spending, but worries about carrying a balance -- or increasing one -- could rein in purchases. Click here for more.


For the Lawyers

Implied waiver of right to arbitrate is difficult to establish. Under the Federal Arbitration Act, there is a strong presumption against an implied waiver of a party's right to arbitrate by substantially invoking the judicial process. Consequently, the party asserting waiver bears a heavy burden of proof to show the party seeking arbitration has waived its arbitration right. Waiver must be decided on a case-by-case basis, and based on the totality of the circumstances. The party asserting waiver bears a heavy burden of proof to show the party seeking arbitration has waived its arbitration right. Anderson-Jenkins Signature Homes v Allen Click here for more.

 

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