Legal Question in Real Estate Law in California

Re: Seller put the house back on the market

I am sorry but I can not give you an accurate answer without seeing the purchase/ sale agreement contract. The terms of the contract determine the answers to the questions that you have so I would need more information,

You can always have an Attorney if you are required to go to Arbitration.

Re: Seller put the house back on the market

It will partly depend on what the contract says. Usually, if you are using a standard CAR contract, the seller is required to give the buyer a 24 hour notice. If he has not done so, he cannot cancel the escrow unilaterally.

Puting a stop payment on your good faith deposit is like closing the barn door after the horse has left. The good faith deposit check, if given to the title company, has already been cashed.

If you have not removed your contingencies, chances are that you will have no liability for liquidated damages. You could also tie up the sale of the property, preventing the seller from selling. Finally, you are most likely required to go to mediation, before arbitration.

Either you have an agent who doesn't know what he is doing, or just doesn't care.

Re: Seller put the house back on the market

Putting the house back on the market while being so close to a closing with you is a pretty bold step for the seller. As an outsider, my guess would be that they're pretty confident that they are "out of contract" with you for one reason or another. Of course, they could be wrong. It seems to me it is your agent's or broker's responsibility to advise you, at least to the extent a real-estate licensee (as opposed to an attorney) is able, on the status of your purchase agreement and the seller's obligation.

Perhaps you have engaged in some intentional foot-dragging on getting the chimney, etc. inspection done; you admit that you aren't that eager to complete this purchase.

As to stopping payment on your check, the Civil Code (look up and read section 1719(a)(3) and (b)) allows this only when there is a good-faith dispute as to the entitlement to withhold payment. This doesn't mean you have to be right, but you should obtain a professional opinion (agent, broker or attorney) rather than relying upon your own interpretation of your contractual status AND the refundability of the deposit in particular. Good faith here probably requires at least some effort to verify that you are entitled to a "self-help" refund rather than awaiting the arbitration (or a private settlement).

Re: Seller put the house back on the market

after you read all the other answers which are all valid and have a point here is mine --- lyou just don't get it, this is a real estate ssle gone bad, the question is too criptic to really answer correctly and you need immediate good advice that i hope you understand and take --- get an attorney who has an experise in real estate/ transactions, bring him/her all of the paper work, contracts, copies of all applaications and every memo, give them the facts and answer the questions and then listen to their advice, now make the appointment, do it yesterday and follow their advice to the letter unless it is too screwed up to make it right --- this is the "professional help" you need for the arbitration and you will definitly have to pay for it.