Legal Question in Real Estate Law in California

Re: Real Estate Seller Accepts Another Offer After Having Signed a Contract With

In order to evaluate you case, I would need to review the contract. If you desired the property, when a law suit is filed, you can file a lis pendens with it that freezes title to the land. You may also seek damages due to the Seller's breach of contract. I would be happy to review you documentation without charge for consultation if you fax these to me at 714 363 0229. Our firm handles cases throughout California.

Re: Real Estate Seller Accepts Another Offer After Having Signed a Contract With

I am assuming that the RE agent was also the owner of the property you were buying. There are 2 things to consider.

1. He may have listed your property, but the contract he had with you had a clause that allowed him to accept another offer, since yours was probably contingent on the sale of your home. Normally, there is a 72 hour period for you to remove contingencies.

2. If this is not the case, and you had a truly binding contract, he cannot accept a higher offer.

In any case, he may have been unethical in his dealings with you.

I was a real estate broker for 10 years before becoming an attorney, and I know the contracts very well. I give seminars on them to agents in the area.

I could review your contract, and give you an interpretation. The fact that he represented himself and you may lead to a problem for him.

Re: Real Estate Seller Accepts Another Offer After Having Signed a Contract With

It is Lis Pendens. There are several breaches and it depends on what you want to accomplish. I would suggest a careful appraisal of what you want and a good tactical plan to approach this unethical conduct.

Joel Selik

Broker/Attorney

www.sandiegorealestateattorney.com

800-894-2889

Re: Real Estate Seller Accepts Another Offer After Having Signed a Contract With

If you signed a contract with him whereby he AGREED to accept your offer (as opposed to simply receiving your offer and not yet accepting it), you could sue him to compel him to specifically perform that sale to you. A lis pendens can be placed on the property if you file suit; it cannot be placed on the property if you don't file a lawsuit. This precludes an insurable transfer of the property pending a resolution of your lawsuit.