Legal Question in Real Estate Law in California

Re: lease with option to buy.

There is no way an attorney can answer this question without knowing all the facts and reviewing documents. If you want to invest in an attorney, please let me know. It is a business decision.

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Re: lease with option to buy.

The question is has the owner breached the option agreement yet, which would allow you to file suit and place a lien (by virtue of a lis pendens) on the home. You need to review the lease, the option and all the facts with an attorney before anyone can opine as to whether or not you have a right to sue now, or if you have to wait to see if he is going to breach the agreement down the road. Almost certainly, his claim that he doesn't have the $15,000 you paid him would give you an ability to claim anticipatory breach, however, as stated above, you need to review all of the facts with an attorney as this forum does not provide an appropriate forum for such complex legal matters. Good luck.

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