Legal Question in Real Estate Law in California

Breach of lease/option contract

signed a 1 yr L/O to purchase our home. Option must be excercised by end of lease, 02-01-01. Done, opened escrow 01-19-01, ready to close with final loan approval, but owner cancelled escrow 2 weeks after we opened it! A prop mngr told her she can take our $5885 down pymt, he says he served us with a 30-day notice (he is not involved in the original transaction at all) and filed UD last week ! I filed Answer myself but the Atty can't open without $2500 retainer. They knew we could'nt afford legal help. Harassed by this man to extent of telling me as I'm crying, ''Stop that, you are too sick !! Just do what I say, get out or you'll be in the streets and nowhere to go.'' ''I JUST so happen to have a house for RENT over here. You had better take it. You're credit isnt great, you have NO MORE money, etc.'' Just got home from the cancer center when he started. The property increased 20-30K in the year since we signed. it means NOTHING to put a family of 5,Mom sick, out the door for money. Obeyed TO THE LETTER every term and condition of our contract.DESPERATE !


Asked on 3/21/01, 2:53 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breach of lease/option contract

Based on reading your side of the story alone, it looks like the seller breached his contract to sell to you and that you are entitled to specific performance or money damages. You should consult a lawyer at once. Choose a real-estate specialist in the county where the property is located. There should be someone willing to take the case for less than a $2,500 retainer. If you cannot afford a lawyer, see your county legal aid service to see if you can get "pro bono" assistance.

Was the escrow cancelled before or after the seller signed his escrow instructions? After his instructions are signed, it is harder for him to pull out without your consent.

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Answered on 5/28/01, 6:39 pm


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