Legal Question in Real Estate Law in California
Should I file a lis pendens to keep the seller to the signed contract on selling
My wife and I went looking for a house and found the one we wanted. Ourreal estate agent wrote up an offer and after a few counter offers we sigend the contract. The seller seemed a little hesitant so we offered them another day to think it over. After the extra day they agreed and signed the contract also.
Our agent wrote up a list of things we would like repaired in the house and sent it to the seller's agent. We got a letter back stating that the seller wouldn't agree to any of our requests and that they wanted to cancel escrow.
Since we still wanted the house we signed the escrow papers and paid our deposit. We had a lawyer write the seller a letter stating that we would hold them to the signed contract.
The seller has told us that if we sue them for breach of the contract, they will sue their real estate agent. They claim he did not put a contingency in the contract for them to pull out if they couldn't get approved for another house.
We are unsure of what to do at this point - we're considering filing a lis pendens, but we don't want to spend too much money on the legal proceedings if we can help it.
Thank you on before hand.
5 Answers from Attorneys
Re: Should I file a lis pendens to keep the seller to the signed contract on sel
If you want the house, you must sue and put a lis pendens on the property so that the seller cannot sell the property to someone else. As long as you have performed all portions of the agreement, you should be o.k. I would be happy to review your documentation without charge if you fax it to me to 714 363 0229.
Re: Should I file a lis pendens to keep the seller to the signed contract on sel
Was there an arbitration clause in the contract? Did the parties initial it? Arbitration may be less costly than litigation. That's one of its intended purposes.
However, filing a lis pendens (notice of pending action) and recording it with the County Recorder puts a lot of pressure on the seller. He can't sell his house to anyone else while this is in effect. Many cases get settled because of this.
You can bring a lawsuit to compel arbitration and at the same time file and record a lis pendens.
Re: Should I file a lis pendens to keep the seller to the signed contract on sel
You mentioned that you had an attorney on this matter. I would recommend that you return to that attorney to discuss all of your options.
A Lis pendens is only allowed if a previous or concurrent lawsuit has been filed. You must be careful with lis pendens, as an unlawful or procedurally incorrect lis pendens may result in a counter suit from the seller for slander of title. Good luck.
Re: Should I file a lis pendens to keep the seller to the signed contract on sel
I would hire an attorney and intiate a lawsuit or arbitration. Let the seller sue who ever he chooses to sue. You probably have an attorney fees provision in the contract so you can recover your attorney fees.
JOEL SELIK
ATTORNEY & CA LICENSED REAL ESTATE BROKER
800-894-2889
www.4thelaw.com
Re: Should I file a lis pendens to keep the seller to the signed contract on sel
Please note that filing and recording a lis pendens must be done either by (1) an attorney, or (2) a party in propria persona with prior approval of a judge.
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