What legal rights do I have towards the purchase and/or damages moving forward if, after lifting contingencies on the home we were selling, a lien we “discovered” on the home we are hoping to purchase?
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What legal rights do I have towards the purchase and/or damages moving forward if, after lifting contingencies on the home we were selling, a lien we “discovered” on the home we are hoping to purchase?
The owner now says that if the lien is not cleared they believed it was cleared through a bankruptcy years ago that they will gnot sell. There is a real possibility that we will not have a home in a matter of weeks.
Asked on October 1, 2015 under Real Estate Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
These are two separate transactions and althought they usually happen at the same time, unfortunately, there may not be much you can do when you lifted the contingencies.
You will need to work with the seller to hope this can be resolved. If the lien remains (ie., they won't be able to pay off when the house sells), then you will need to work with your realtor to see if the title company didn't pull title early enough to see this.
You may need to start looking for another home as a back-up at this point.
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