Legal Question in Real Estate Law in California
Lawsuit against Realtor
I need to file a lawsuit against a Realtor due to the way a previous home sale was transacted. I had retained a lawyer months ago and I understand the other party also has retained a lawyer. Both lawyers are sitting on their behinds and do nothing. I can't get my lawyer to move and the other side is not interested in doing anything either for obvious reasons. I don't have more money to spend on another lawyer unless I find one that would take this on a contingency basis. However I am thinking to just file the lawsuit myself since I think the case is not too complicated and it should not be difficult to win. In what court do I file and how? I live in Walnut Creek, CA, Contra Costa County.
7 Answers from Attorneys
Re: Lawsuit against Realtor
First go to your attorney and tell him you want a meeting for which you are not charged to explain why he has not filed suit and why he has handled the case as he has, what he plans to do and when [he should already know this so the only time the meeting will take is the length of the meeting], what defenses the other side has an how good they are, what problems and pluses exist for your case, what the likely value is, is there a provision for attorney fees for the winning party, how difficult would it be for you to handle the case with an attorney just as an advisor [few attorneys want to do that], what does he think the would offer to settle and if that is a reasonable amount.
Easy cases often are not and it is very difficult for a lay person to try a case against someone represented by an attorney. You definitely would need an attorney to review matters with you, try to settle the case, and prepare you for settling on the courthouse steps. If you can find someone like that, it is likely they are like me, a largely retired attorney handling a very limited number of cases.
You need to file suit where the contract was signed, the house is situated, sometimes where the defendant resides. There are forms for complaints that you can get off the state court web site, but you need to be sure to select all that apply. You also need to read at east some Nolo Press books on real estate law, etc. Based upon the questions you ask, I doubt you could handle a trial of the case and once the other side knows you are in pro per, all offer will be low balling you.
Re: Lawsuit against Realtor
We may be able to help you, but would have to review your documentation. Do you have it in PDF that you can e-mail to me?
Re: Lawsuit against Realtor
We may be able to help you, but would have to review your documentation. Do you have it in PDF that you can e-mail to me?
Re: Lawsuit against Realtor
We may be able to help you, but would have to review your documentation. Do you have it in PDF that you can e-mail to me?
Re: Lawsuit against Realtor
We may be able to help you, but would have to review your documentation. Do you have it in PDF that you can e-mail to me?
Re: Lawsuit against Realtor
We may be able to help you, but would have to review your documentation. Do you have it in PDF that you can e-mail to me?
Re: Lawsuit against Realtor
We may be able to help you, but would have to review your documentation. Do you have it in PDF that you can e-mail to me?