Legal Question in Civil Litigation in California

If a tenant sues a landlord, and the lawsuit is against the trust, through its trustee, that owns the property, what happens if the trustee sells the building?


Asked on 11/14/11, 1:39 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Then the Trust has more liquid accesses to pay any damage award. It has no direct effect on you. The liable party is the owner of the building at the time of the incident(s) that are the basis of the lawsuit.

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Answered on 11/14/11, 2:08 pm
Herb Fox Law Office of Herb Fox

We would need to know more facts. What is the nature of tenant's claims? Is it a commercial or residential tenancy? Is the property actually being sold, or is it listed for sale, or is this all hypothetical? The latter question is important because an existing lawsuit can have the practical effect of holding up a sale; alternatively, a pending sale often results in a quick settlement of the lawsuit. Much will depend on, among other things, whether the tenant is claiming a right to purchase the property (in which case a lis pendens should be recorded, which will interfere with any sale), or is only seeking damages.

I maintain an office in Santa Barbara, and I have handled commercial and residential landlord/tenant litigation and appeals. Please call me if you would like a consultation: 805-899-4777.

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Answered on 11/14/11, 5:54 pm


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