Legal Question in Real Estate Law in California

Re: 6 month delay from estimated closing date

I can not give you a definitive answers as it depends upon how important to the contract the estimated date is and whether the parties were aware that it could be off by may months. If you can show some economic harm, such as your having to rent a place, not knowing when you should sell your current residence, lost of rental income for 6 months, etc., then it might be possible. As a practical matter, it is going to depend upon the attitude of the developer as to whether he will fight you or not. Speak to him, not a middleman, and tell him why you need to get out of the contract [not just want to get out], you feel there has been a significant breach of the contract going to the heart of the matter of the contract, etc. Check to see what the market is like for the completed unit to see if you would make a profit if you wait; the developer or whomever he used to sell the unit to you is more likely to let you out the more likely it appears that someone else will step in to take your place. Worst comes to worst, you might need to retain an attorney to write a letter, citing the applicable law. I do that type of thing, as do others.

Be assertive and good luck.