Legal Question in Real Estate Law in California
Bought Commercial Land based upon ''found to be'' false statements
I bought Commercially zoned land in Calif. to operate my business. The seller resides in Oregon. I found information I was given that persuaded me to buy the land is untrue & false. I want a lawsuit filed against seller.
My Asking ''Does the lawsuit get filed in the California County where the land is & where the sales contract was executed & escrow handled or does it have to be filed in Oregon where the seller of the land resides?''
More information. I contacted a Real estate agent from sign on land I bought. I made tentative offer on phone. Agent called seller & seller accepted tentative offer & I was told by agent that there is ''Good news.'' Seller told agent to tell me ''that seller has been paying water hook up fees for many years & that I am guaranteed an immediate water hookup.'' I was told this information again when I signed the sales contract.
I wrote to the Water Company asking for the ''immediate hookup.'' The water company for 7 months has no hookups available & does not know when they will have hookups available. As I do not have a ''potable water source'' as promised upon buying, I cannot get Elect. service either. I am now forced to close my business for five months due to heat and no electricity for Air Conditioning.
3 Answers from Attorneys
Re: Bought Commercial Land based upon ''found to be'' false statements
Your lawsuit can be filed in the county in which the property sits. It looks like you have a case for fraud. Our firm handles many real estate disputes like yours. Let us know if you would like our help.
Re: Bought Commercial Land based upon ''found to be'' false statements
Yes, you could sue in Calif., but see Ms. Deming's response. It is quite complete and asks the same questions as would I.
Re: Bought Commercial Land based upon ''found to be'' false statements
There is jurisdiction in California, even though the seller resides in Oregon. Respecting the viability of your claims however, you do have some problems, unless these misrepresentations were put in writing; if they were only verbal, you will have difficulty establishing that you were told falsehoods, unless the seller admits it. In addition, you will have to explain why you did not investigate/perform due diligence and contact the water company BEFORE carrying out the purchase; likewise, you could have made the purchase contingent upon the ability to have immediate access to water, etc., which would have been a prudent thing to do.
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