Legal Question in Real Estate Law in California

buying a housewe

we made a offer, seller counterd we excepted his price. two days later, he changed his mind. he said he wants more money. is this leagal


Asked on 3/30/09, 8:12 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: buying a housewe

Legal? The proper question is whether you can enforce the original agreement, and at what cost. You'll need to review the documents and facts with an attorney to see. Feel free to contact me if serious about doing so.

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Answered on 3/30/09, 8:32 pm
Erik Nowacki Business Law Inc.

Re: buying a housewe

If the transaction is done on a standard California Association of Realtors (CAR) Residential Purchase Agreement and it is properly signed, the Buyer's recourse is to request specific performance. Usually, the first step is to request a mediation and if the mediation is unsuccessful, arbitration. The CAR form specifies that the prevailing party in arbitration gets their attorneys fees paid by the losing side.

Therefore, you should have your particular situation (facts and contract) reviewed by an attorney to give you an idea of whether it's worth while to enforce the contract.

Hope this helps.

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Answered on 3/31/09, 12:20 am


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