Legal Question in Real Estate Law in California

Auction

I sold my farmhouse at a closed auction for $5000. After selling the property that I inherited initially, there was an attic full of antiques I was unaware of. I claimed that the antiques were not included with the farmhouse and since the buyer wasn't aware of the antiques his offer for both either. He is saying he made an offer on the house. Its his luck there is an attic full of antiques. I offered that he just give me the antiques and keep the farmhouse. He refuses. Would the original agreement have to include the antiques since I didn't aren't those antiques mine? Based on this information would a court support my argument or would they support his since they were in the house? Will the court uphold my position in a suit against him? If so why? What kind of facts can an attorney cite against me? What could I have done to prevent a lawsuit? What could he have done to prevent a lawsuit.


Asked on 7/12/07, 5:49 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Auction

"Real property" includes everything that is attached somehow to the land, including kitchen sinks, barn doors, and ceiling fans. "Personal property" is everything else.

Unless otherwise stated in the auction notice, it would appear that you did not sell the personal property and it belongs to you. Whether you could be said to have abandoned the personal property after the sale is another question, and you did not say how much time passed between the time of the sale and the time the property in the attic was discovered.

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Answered on 7/12/07, 6:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Auction

I agree with Mr. Stone about the law. I'd add that you can avoid a lawsuit by agreeing to submit your dispute to binding arbitration. Look on the web site of the American Arbitration Association for details about the process. Or you can hire a freelance arbitrator in your home town (check the Yellow Pages under "Mediators" and/or "Arbitrators."

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Answered on 7/12/07, 7:50 pm


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