Legal Question in Real Estate Law in California
Civil Lawsuit regarding Real Estate
A couple bought our 60 year old house and then says everything is wrong with it. (ie well contaminated and one not abandoned, leach lines in question, gray lines, property floods, roof needs replacing, electrical old, pest insp. nto received, location - noisy, smelly-next to dairy) and so on. We did fill out a disclosure statement to the best of our ability which the real estate agent went over. Buyer did not have a home inspection done. We carried back the first. They are suing the Pest Inspector, Real Estate Agents (on both sides-which are from the same real estate office) ourselves, and the Real Estate Company. We've been thru mediation with a continuation to think about it but were served with the lawsuit instead. After many continuations, they are on their third lawyer...first two were supposedly not paid. We did go to settlement conference resulting in no agreements to settle reached...Case was dismissed without prejudice but am pretty sure it will be refiled. Pretty messy, what are your thoughts? Chances of winning? What are my rights? We're broke as a result of the incurred attornedy's fees from previous depo's, filings, etc. and don't know what to do next. Any suggestions?
3 Answers from Attorneys
Re: Civil Lawsuit regarding Real Estate
My house is 80+ years old and surrounded by dairies (in West Marin).
Does the sale agreement contain an attorney-fee election or an arbitration election? If so, possibly the way to bring matters to a head is to demand binding arbitration on all the issues.
If you are carrying a first, are you being paid?
Is the property woth more or less than the debt on it now?
Is it worth more or less than at the time of sale?
Maybe you should consider foreclosing...that would at least get them to move away from all those smelly cows! (This assumes they are in default and that the economics look favorable.)
Please feel free to contact me directly with particulars and I'll give you a no-obligation consultation by e-mail, phone, or if you are in North Bay, in person.
The couple were probably city people, eh?
Re: Civil Lawsuit regarding Real Estate
The best advice often comes from the Bible. In this case, don't be anxious about tomorrow because each day has enough trouble of its own. You indicate that the case was dismissed without prejudice. Yes, that does mean it could be refiled, but only if new facts are discovered. You could consider an action for malicious prosecution, but that would likely just stir the pot and would cost more money. If the case is refiled, I'd be happy to talk to you about strategies, but for now, I'm glad for you to hear that it was dismissed.
Re: Civil Lawsuit regarding Real Estate
Check the contract of sale and see if it has an attorney fee clause, if it does you would need to file a motion for attorney fees within the time limit for filing your Memorandum of Costs, usually 15 days after notice of entry of dismissal.
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