Legal Question in Real Estate Law in California

Re: Counter offer

You're probably out of luck. A written contract signed after verbal discussions usually takes the place of, and negates any such discussions.

Re: Counter offer

Unless this is a very large, in ground vinal pool, a new vianl liner is not that expensive.

The first question becomes, what did their flyer and MLS listing indicate? That is what was offered for sale.

Second, is the vinal torn or broken?

Third, how will you prove what the realtor (there is no "i" in the word) was told this information by the seller?

If this is your dream home, why not concentrate on the dream rather than whom to sue over a few hundred dollars. Enjoy your dream rather than agonizing over this ... you will feel much better in the long run (even if you win a suit).

Re: Counter offer

The written contract will rule, unless you have good proof of oral negotiations to the contrary. Even so, if the writing was signed after the oral discussions, the writing usually controls.

Re: Counter offer

The written counter-offer is your contract. All prior negotiations and offers, written or oral, which are inconsistent with the counter-offer you accepted are superseded by it. Unless I'm missing something, you are bound by the last counter-offer; it's your contract and you have no case.