Legal Question in Real Estate Law in California

Breach of contract

Approximately 13 years ago we purchased land to build a house on from a ''friend'' that carried the note. It was a written contract specifying it was to be a 30 year note at 8% per anum with a payment in the amount of 1550.00 per month. The seller later provided us with scraps of paper indicating he had dropped the interest rate as low as 6.3% in some instances and recently a print out indicating it was 7.5%. At 8% per anum we were overpaying approximately $46.00 per month and at 7.5% per anum we were overpaying as much as $115.oo per month. We appear to have overpaid a considerable amount that he has failed to apply to the principle. The seller clearly has violated the terms of our contract, what legal action can be pursued?


Asked on 7/27/04, 7:32 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Breach of contract

Wait, the contract was for 8%? I need some clarification of facts. You may contact me.

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Answered on 7/28/04, 11:25 pm
Larry Rothman Larry Rothman & Associates

Re: Breach of contract

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 7/31/04, 2:27 pm


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