Legal Question in Personal Injury in California
A party who's name was on the deed of a property together with mine forced me to sign all disbursements over to her per escrow instructions. Obviously I would have been entitled to 50% of the proceeds. I did so based on the threat of the other party not to sign the documents and thereby letting the offer fall through. This all took place on the closing day of escrow. Cancelling the offer would have had terrible financial consequences. We would have been liable for 10% of the realtors' commission(unimproved land) plus the high risk of not getting any new offers in the near future while a few thousand Dollars of property tax going back three years were owed. The realtor had warned us that the land will be auctioned off next Spring.
This party would have 100% followed through on her threat. My share was going to my children. My attorney advised me not to worry as it was an extreme case of coercion and the transaction thereby unlawful. There is further evidence regarding coercion through emails from realtor, escrow and the other party. How strong is my case? Should I proceed or is there not enough evidence? Please advise
1 Answer from Attorneys
This is a very fact intensive area of the law. You need to actually consult with an attorney. Your potential claims have time limits, so you need to act promptly, or risk losing any chance of recovery. It is always a good idea to move quickly, anyway, in order to preserve evidence. Do not delay.
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