Legal Question in Real Estate Law in California

Re: breach of contract on an option to buy while renting at the same time

It sure looks like breach of contract. Also, you should know that contracts to buy or sell real estate can be specifically enforced -- the losing party is required to go through with the deal rather than just pay money damages.

One caveat is that you need(ed) to be ready, willing and able to carry out the purchase. The owner may have a defense if you failed to tender (offer to pay) the purchase price or otherwise didn't seem prepared to go through with the deal.

The owner is also off base in threatening to evict you for seeking legal assistance. You can often evict a tenant for a good reason, sometimes for no reason at all, but never for a bad reason.

Re: breach of contract on an option to buy while renting at the same time

I agree with the other attorney's response, however I would seek the advice of an attorney at far as initiating a preemptive lawsuit for breach of contract!!

Re: breach of contract on an option to buy while renting at the same time

An option to buy real property is enforceable if it is in writing and all terms of the excercise of the option are complied with. Similarly, if you are not in breach of the terms of your lease, you cannot be evicted. You may enforce your option by bringing an action for specific performance in the county in which the real property is located. Your lease/option agreement may have an attorneys' fees clause entitling you to recover your a legal fees if you are successful. To learn more, please visit our website: www.labusinesslawyer.com.