Legal Question in Real Estate Law in California

Re: house or no house

I concur that you need to have your option agreement evaluated by a local real estate attorney. You should do so RIGHT AWAY to prevent serious problems from arising. If your option is in writing, signed and notarized, it can be recorded with the county recorder, which should be a pretty effective way to prevent a sale without your consent. Don't interfere with selling activity until you're sure your option is still valid, or you could be liable for damages resulting from a lost sale!

Re: house or no house

Looks like everyone responded to you!

I have not read the other answers, but if you have a valid lease with an option to purchase contract, then the owner cannot sell the house until the expiration of the option period. I would need to see the written agreement to verify the validity of the agreement. If it was verbal, you are out of luck.

In the mean time, you are a tenant, which means that you are protected by landlord tenant laws. While you may be required to show the property at reasonable times, with a 24 hour notice, you may also be entitled to a reduction in rent, for loss of quiet enjoyment.

Let me know if you would like me to review your lease option agreement.

Re: house or no house

Without knowing the terms of the option to purchase, your rights or lack of rights cannot be determined. You should immediately contact an attorney with real estate experience and have the attorney review the option agreement. Many counties have a lawyer referal services that are low cost and will refer you to a attorney with experience in real estate law.

Re: house or no house

If you have a valid written contract, the owner may be in trouble if he sells.

This does not mean you can prevent, automatically, them showing the home at reasonable times. You might want to get an injunction preventing them from doing so if you plan on exercising your option or it is too inconvenient for you.

Joel Selik

Attorney and Licensed Real Estate Broker

800-894-2889

www.4thelaw.com

Re: house or no house

It depends upon the validity of your lease option agreement, whether you paid independent monies to purchase the option and whether you have lived up to your obligations udner the agreement. This is a situation where you have to have an attorney look at the actual written agreement in order to properly advsie you.