Legal Question in Real Estate Law in California

I'm so depressed that our buyers cancelled escrow in San Diego, CA two weeks after the start of it. Their inspection report from DeBerry Inspection Services states that their "evaluation of items is subjective, especially with regard to items which have a cosmetic nature." Their main reasons are due to pool repairs and shifting which we disclosed and is obvious to the naked eye. They also said that we didn't disclose that our 15 year old house that we bought new has a floor level variation of 1.6 inches. I had no idea since we have never had our house evaluated for levelness. Other complaints are very minor like a torn screen, corroded pipe leading to back of BBQ. Is this really enough to cancel escrow? This couple (also neighbors and former friends) has twice now pleaded with us NOT to put our home into the MLS. They have absolutely wasted almost 3 months of our time. Do I have a case to seek damages? Other real estate professionals state that much of the inspection report is exaggerated and that in California houses are built on soil to allow houses to move given the earthquakes that we have. Otherwise our foundations would crack. My kids and I had planned to move to Oregon to be with my husband (who is relocating us for his new job) at the close of escrow on 9/1. Now I'm stuck! I am in disbelief and wonder if this couple realizes what harm they have done to our family by their indecisiveness.


Asked on 8/02/10, 3:41 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you were represented by a real estate agent you need to speak with the agent as to what can be done. Someone would have to see the actual contract language to know what exactly can be done. Normally before entering escrow all inspections must be completed and any objections raised or they are deemed waived.. A defect that they knew about before the inspection can not be raised as being the basis of rejecting the sale of the house because that is not something new that they had no knowledge tteof. The standard real estate contract provides that if the buyer breaches the deposit is given over to the seller forfd. If they backed out of the deal once, you should not have relied upon them a second time. It is possible that you might be able to sue for additional damages, but no one can not answer that without seeing the purchase agreement.Put the house up for sale immediately.

Read more
Answered on 8/07/10, 9:34 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California