Legal Question in Real Estate Law in California

lease option

we were in a lease option in january 2002 one day late foe closing owners said deal is off made it clear she wanted us out my wife have a daycare in the home we invested a lot in the home in feb we hired a lawyer we were served with a thirty day notice in march the rent was not accepted in april we filed a complaint for injunctive relief and specific performance when it was time to go to court for the eviction our lawyer was out of town we lost we got a offer to buy for 45,000 more no disclosure pay for every thing drop the suit close by june 7th we now need 30,000 for down we did not sign the contract we had a delay coming up with the down payment we felt if we signed with out knowing for sure we had the down and could not close by june 7th that we would lose the only thing we to fight this mess the owner won't us to give everything and did not wont to put in the offer if we needed a couple more weeks we could get them since we did not sign the owner is upset we were served with a notice to evacuate by june 7th what can we do to get a stay so we can buy our home we have the down lined up we payed the rent up to the 7th of june we need until julythe 12th to close


Asked on 5/27/02, 4:35 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: lease option

Your entire situation needs a careful review by a sympathetic lawyer. As you probably know, there is no grace period on options, but you may have a malpractice claim against the lawyer who failed to show up on your court date, especially if that failure to show up cost you the deal. Otherwise, the facts you give just show an uncooperative owner who may have lost confidence in your ability to perform on schedule and who is rather unflexibly exercising his rights.

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Answered on 5/28/02, 6:03 pm


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