Legal Question in Real Estate Law in California
broker/lender won't pay me
I just bought a home. I was promised a 1% rebate at the close of escrow. No money, no returned calls. I have e mails of her promising to credit me.
3 Answers from Attorneys
Re: broker/lender won't pay me
If you have the emails as evidence, you could have a contract that is enforceable.
You should have an attorney write a letter on your behalf demanding this rebate be sent. Phone calls simply do not work because they can say you never called and very often lenders do not pay attention until an attorney is involved. It is likely worth $200-$300 for the review of your emails and an attorney letter. A lawyer should not charge more than this unless there is substantially more work that is necessary.
Thank you!
Marc
Re: broker/lender won't pay me
1% of a typical 2009 California home purchase is probably abut $2,500. This is comfortably within the small-claims juristictional limit of $7,500 for most kinds of suits, and that's where I'd go with this. Get a book on small claims in California and study up on how to prepare, fine and serve a complaint, how to prepare for trial and how to collect a judgment.
Re: broker/lender won't pay me
If the amount is $7,500 or less and you have correspondence to back up the promise, I sugggest you file a small claims court action. Please contact me if you have any other questions.
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