Mr. Polsky has demonstrated a unique ability to resolve particularly complex and/or highly emotional cases as a mediator, arbitrator, and discovery referee. Mr. Polsky has resolved thousands of complex commercial and serious injury disputes and was named one of the "Top 20" mediators and arbitrators in California by the Daily Journal
. Local bar association annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator.
Mr. Polsky has served as both mediator and arbitrator on dozens of disputes arising from the Purchase Agreement and/or disclosure act. He frequently lectures on the subject of required disclosures for brokerages and law firms.
He is also a licensed California Real Estate Broker.
- Assertion of non-disclosure by developer of electrical and municipal access boxes that disrupted the feng shui and over value of new residence in upper-tiered neighborhood. (Arbitration)
- Claims by 22 commercial properties against municipal flood control district for inverse condemnation, business interruption and vibration damage occurring over three-year storm drain project. (Partial settlement followed by arbitration of remaining issues)
- Claims by adjoining and down slope homeowners for damage resulting from slope failure of center homeowner’s slope. (Settlement $315 k for remediation under agreed plan)
- Claims by homeowner against state agency for inverse condemnation, business interruption and vibration damage occurring during highway project. Homeowner took extensive video documentation and diaries of intrusive nature of project.
- Claims by homeowners against municipality alleging inverse condemnation and damage from vibration and noise secondary to a sewer project. Claimants were seeking damages to rebuild, repay attorney fees and punitive damages. (Settlement $197,500)
- Commercial business interruption claim for monetary damages for lost profits secondary to site improvements resulting in loss of signage and parking during extended construction. (Settled for lease modifications and attorney fees, plus special signage)
- Disputed claims for payment and change orders by prime contractor on shopping center build out of key retail store. Store sold immediately following build out. (Arbitration)
- Failure to disclose prior leakage into garage and carport of residence. Cost of repair $128,000. (Partial settlement with agent)
- Failure to disclose prior leaks at deck, which surrounded three sides of custom home. Incomplete repair resulting in toxic mold growth. (Arbitration)
- Failure to disclose termite damage. Fraud and conspiracy in withholding of termite damage.
- Inverse condemnation claim. Landslide took home and contents within one hour of first notice. Municipal Flood control issue. (Settlement $425 k)
- Liability of mobile home park for eviction of resident accused of harassing behavior and repeated violation of rules. Case brought pursuant to Mobile Home Residency Law (Civ. Code section 798). (Settlement $250 k)
- Mediation and arbitration of over 150 non-disclosure claims against sellers and realtors. The claims also allege realtor errors and omissions. The properties have been valued between $350,000 and $5 mm.
- Non disclosure of “active park’ within confines of neighborhood resulting in cancellation by the buyer and action for return of deposit.
- Non-disclosure of location of residence in El Toro fly over zone. (Settlement buy back and relocation)
- Non-disclosure of negative grade resulting in water penetration below slab. ($235 k)
- Real estate broker and seller non-disclosure that single family residence was in a tract experiencing drainage and soils problems. (Award - $395 k)
- Real estate sales agreement wherein plaintiff would acquire two-parcels near Disneyland. If the parcels were developed into a large-scale hotel, seller would be entitled to lease 6,000 sf for a restaurant. Issue became whether development constituted a “large-scale” hotel. (Settled $400 k)
- Suit for fraud and reformation of ground leases on 50 oceanfront lots. Owner raised the ground rental but increases rolled back in arbitration filed by tenants. Process resulted in parties committed to lease disputes every four years, and negative impact on land value and investment return for property owners and lessees, until lease expires in 2030. Mediation created subdivision, LLC, and full transfer of leaseholds which then permitted tenants to own the beachfront lots, and owners to utilize funds to achieve investment grade returns. (Settlement based on buyout value of $54 million).