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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption