Legal Question in Real Estate Law in California

cash for keys problem

A realtor offered me cash for keys

deal if I moved out in two weeks

instead of sixty days. She said I hand

her the keys (after move out in

broom-clean condition) and she

would hand me my check. I gave

her the keys after she inspected the

place. Now she expects me to sign a

paper that starts out with ''I/We

hereby acknowledge receipt of the

payment offered....'' but I do not

have this money yet. I do not believe

I should sign until I actually am

handed this check. but she says I

have to sign it before I have the

check so she can fax it to the bank,

and then they will overnight the

check to her. Also, she now says it

can take more than thirty days for

me to be paid this amount, but this is

not how she presented the deal to

me originally. I would appreciate

your thoughts and advice. Thanks so

much!


Asked on 11/05/08, 4:33 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: cash for keys problem

I'd have to say you may have been scammed by the agent. I would absolutely not sign something stating that you have received money you have not received. I'd call the realtor and tell them you are going to call the DRE and file a complaint against their license for fraudulently incuding you to leave before you legally had to on the promise of money they are now refusing to give you. Tell them you will also file suit against the realtor and the bank if they don't produce the check in 24 hours. Good luck.

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Answered on 11/05/08, 4:46 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: cash for keys problem

If you had a lawyer you would really be in a strong position for reasons I cannot go into in this public forum. Please let me know if I can assist you.

Regards,

D. Bakondi

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Answered on 11/06/08, 9:22 pm


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