Breech of Contract in RE matter

UPDATED: Oct 1, 2022

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Breech of Contract in RE matter

I have been in contract on a Calif. Real Estate transaction to purchase a small
vacant Lot with the seller going on 3 yrs. now..she has a co-owner that owns
40 of the Lot and she has stonewalled me during the 3 yrs saying she cannot
get him to sign-off on her 60 sale to me or get him to agree to sell me his
40 of the property.

The contract for her Lot or 40 was in exchange for paying her 5 Yr delinquent
property back Taxes with SC County assessor approx. 11K the RE contract for
her share of the property was prepared by a RE Attny.

I am considering small claims court but was unaware that the limit in Calif. is
7,500 now? What is the best course of action to compel her to consummate
the sale of her 60 of the property, or to get my initial investment back?

I appreciate your input on this matter


Asked on December 4, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't make her consummate the sale of the additional 60%: she has NO power to make her co-owner sell his share of the lot to you.
You can sue her for breach of contract (violating what she agreed to do) and/or fraud (lying about what she could do)--preferentially, sue on both grounds--if she had contractually agreed to be able to sell you the whole lot; in the lawsuit, you can recover your payment plus other costs (e.g. if you hired a lawyer; if you had a title search or a survey done; etc.) you incured as a result of the agreement which she breached. You may have to, based on the amount involved, sue in "regular" county court, not small claims court, but suing her is your only recourse.

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 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.

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