Legal Question in Real Estate Law in California

We think we bought a house??

My husband and I purchased a home, at least we think we have. We found a house, went through the loan process, signed loan papers, received keys, moved in, and the house has, to date, not closed. It has been over 1 month. Apparently there are some discrepancies regarding fees and rents owed because we are living in the property and it is not closed. We signed papers and were given the keys, what should we do? Do we have some sort of legal recourse here? The loan brokers and agents are disputing a mistake made on origional offer. We are first time home buyers and no virtually nothing about this process. We are afraid that we will not get this house and we will have to move. We feel we should not have to pay ''rents'' as we were given the keys by the real estate agents. Please help. Thank you.


Asked on 1/19/01, 1:47 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: We think we bought a house??

It would be very helpful in giving you practical advice to know whether such professionals as real estate agents, brokers or escrow and title companies were involved in your purchase, and if so, to what extent. These folks have a legal responsibility to prevent entanglements and delays of the type you're experiencing.

The issues here probably involve enough money, and are technical enough, to warrant turning the matter over to a local lawyer with real estate experience. If a licensed agent, broker or escrow company is involved, your lawyer may not have to do much other than review the documents and write a letter to the professional person or company responsible, reminding them of their duties.

Again based on the limited facts given, you seem to be free from fault in the matter, and whoever gave you the keys probably also gave you the right of possession. You presumably will not have to make double payments (mortgage plus rent) for any periods of time, but equally, you will not get any "free" time for which you owe neither rent nor mortgage payments.

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Answered on 2/13/01, 6:48 pm


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