Legal Question in Real Estate Law in California

Re: Real Estate Transaction

What disturbs me is up until this point you have had no one looking out for your interests. Re/Max is most likely concerned with their exposure and expense first, not yours. You would be well advised to speak with an attorney about the situation and have them review everything. Feel free to contact me to discuss. As Ms. Cowin points out, you will most likely have to conduct a cost-benefit analysis. But knowing all of the risk and possibilities involved first is crucial to making that analysis.

Yours truly,

Bryan

Stutz Artiano Shinoff & Holtz

Direct: 619.881.1302

Re: Real Estate Transaction

I would speak to an attorney, with all of the relevant documents. The failure to disclose is fault of both you and your agent. (Two wrongs do not make a right.)

Most CAR forms have a mediation clause, which precludes an award of attorneys fees if the dispute is not mediated first. I would urge you to consult with an attorney, and consider mediation, before running off half cocked.

Especially since you did not disclose.

Very truly yours,

Re: Real Estate Transaction

Basically, you know they will settle for the amount of this offer if they don't have to file a lawsuit so don't feel overly rushed. Ask for time or for a mediation. Fast decisions are often not the best. You are measuring your legal cost-benefit analysis against that $6K figure. If you can invest say, a thousand in legal and come out with a settlement for $4K, you're ahead. It may be worthwhile to have an attorney look over the paperwork and evaluate from this perspective. Of course, with this bird in the hand scenario, there are no guarantees and so at some point you have to go with your gut on whether this is really their "bottom line", whether you have liability, and/or whether the threat of litigation fees is real. Good luck!