Learn Ask A Question Get Help
in   from 


    

Question: Real Estate - California

Asked on 8/30/2009
California co-op seller signs contract, then asks for more money, then changes mind and says she's not selling at all.
I'm purchasing a co-op in Rossmoor, a retirement community in Walnut Creek, CA. A price was agreed upon, a contract signed, with closing set for Sept. 17. 2 weeks after signing, owner started demanding more money, wrote a vile, insulting letter saying she was "coerced" by her agent, and so forth. Her propoerty was on the market for more than 2 months and ours was the only offer. She was asking $275,000. We agreed on $260,000. AFter looking at properties, she now she says she's changed her mind "for financial and health reasons" and will not sell at all!!!! WHat are our legal options?

 Notify me of updates.   Answer This Question!      Question Offensive or Inappropriate?

This question received 123 views.    

Answers (1):

AttorneyPages has verified that this person is an attorney.

First, I would like to introduce you to our firm.  I have 31 years of active legal experience in serious real estate litigation and transactions.  Originally, I was a lawyer for a title insurance company.  After that I have performed services for many major developers including Shappell, Ponderosa, Morrison, GenStar and Bas Homes.  I have also performed services for a public entity - Alameda County Water District having provided eminent domain services for Plaintiffs and Defendants.  In addition, we have represented numerous individuals each year in real estate litigation.  I have personally been involved in the acquisition and construction of real estate property since the age of 20. Our firm has represented or sued most major real estate brokers in Northern California.

You are correct in your position.  The Seller has no right to cancel your transaction because she felt she was 'coerced" by her agent.  This is not your problem.  You have two options as follows:

1.  You can sue for breach of contract and for damages and receive the differential from the real market value of the property as compared to what you agreed to the $260,000 price.

2.  Your second option is that we can sue for specific performance and compel her to perform on the contract and transfer title to you.  In the past years, I have handled many specific performance cases, and while I'm getting a little older, I do not recall losing any.

If you wish to retain the legal services of our firm, do not hesitate to immediately contact us.

Sincerely,

JOHN N. KITTA    



  • Answered on 9/2/2009
  • Rating:
  •  Rate this answer






AttorneyPages.com
HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2010