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Question: Real Estate - California

Asked on 10/7/2009
What are our options if we decide to walk away since the seller has a breached in contract? Can i ask them to pay for the expenses that we incurred?
My lender is suppose to fund the loan and close the escrow by thursday or friday this week but we found out that the renters hasn't move out. Told my lender not to fund and close wheni found out about this because i don't what them to be our responsibility. I think they're planning an eviction but i'm not sure how long will it take, i really want the house but i'm no how long process will be. We already paid the closing cost i wondering if i can refund everything including fees since they had a breech of agreement in our pruchase contract?

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Answers (2):

SJZ, Member in Good Standing of the New York Bar


If getting the renters out before the closing was a term of the contract, then the seller is in breach and you should be able to walk away from the deal as well as recover (by lawsuit, if necessary) your costs. If however getting the renters out is not actually a term or clause of the contract of sale, then seller has not breached--even if they made verbal representations that they would get rid of the renters, if that's not in the contract of sale, that contract still stands.

This is a situation where you should consult with a local RE attorney for a definitive answer, even if it costs you something for the consulation--the stakes are very high in home-purchase cases like this.



  • Answered on 10/7/2009
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You need to see a Real Estate Attorney immediately.   If you walk away from this transaction, you could be held liable for damages to the buyer.   This is not a simple matter and you should be concerned about your potential liability as well as your claims.

You need an attorney to review all of the documents in this transaction before you make any mistakes that could be very costly.

Call my office for an appointment.

Robert J. Spitz

909 395 0909 



  • Answered on 10/15/2009
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