Legal Question in Real Estate Law in California

Re: Any binding nature to Letter of Intent?

Labeling a document "letter of intent" doesn't in itself determine whether it is binding or not binding. Courts will look to the intent of the parties (with respect to being bound) at the time the "letter of intent" was signed. Further, the parties' intent to be bound will, in modern times, be "objectively" construed from the language used in the document itself, as a reasonable person in the position of the parties would understand the language, disregarding any subjective or unrealistic position held by a party.

Without reading the entire document I can't be sure, but I would say that an express statement appearing in the document itself to the effect that it is "not......a binding agreement" would cause most judges to rule that, indeed, the parties are not in contract.

Again, this is a cautious and tentative view on my part, since I haven't read the entire document and I don't know about surrounding circumstances that might lead to a different conclusion.

If litigation is threatened or possible, you should have a business or real estate lawyer read the document, discuss the facts with you, and give you a more informed opinion.