Legal Question in Real Estate Law in California

Is this contract enforcable?

I have a tenant that he is renting a single familiy house form me since mid 1994. Three months later which was end of 1994 he asked me that if i am willing to sell my house to him. He did not have a good credit so he told me if i let him assume my loan there is a chance to get approved. I gave hime my lender's phone number and he called for a assumption pakage. When the pakage arived, on of the requirement was a sales contract, so he came up with a contract and my wife and I both signed it. Then he sent the pakage to our lender and his application was denied.

A month ago I gave him a 45 days notice to leave my property. Now he is sueing me based of the contract that we sign 6 years ago for breach of contract.

question 1 What is the statues of limitation for this contract and if it is 4 years, when the period has started?

Question 3 If he has to buy the house by the contract, Is there any price adjustment that i can claim?

Since 6 years ago he has been paying $ 600 for monthly rent, in the other hand, I have been paying more then$ 1000 for mortgage, property tax, insurance, and utilities. Isn't he responsable to give me the deference for the last six year?

I would like to thanks you for speedy response.


Asked on 9/22/00, 7:18 pm

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

Re: Is this contract enforcable?

Whenever someone is sued, the immediate first step must be to have an attorney file an answer to the complaint. This should be done whether the other party's case is any good or not, and whether or not you have a defense such as the statute of limitations.

You are generally correct about the four-year statute of limitations for written contracts and the other rights you believe you have, but these rights must be asserted in timely fashion and in the proper format in order to protect you from an adverse judgment.

The real issue here is whether the contract of sale is still enforceable against you despite the "buyer" being unable to obtain financing and the six-year passage of time. There is a pretty good chance it has expired due to failure of the "buyer" to comply with its terms in timely fashion. You should have an attorney review both the lawsuit and the contract of sale (and related documents) immediately.

I think you have a good chance of winning but it will take fast work by a good real estate lawyer to defeat the suit without undue cost and delay.

Read more
Answered on 10/23/00, 10:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California