Legal Question in Real Estate Law in California
lis pendins
The seller cancelled the transaction afte receiving money from my buyer. Can we sue?
4 Answers from Attorneys
Re: lis pendins
Everything depends on the agreement. Were there any contingencies. You may be able to sue for your commissions and there may be a claim by the Seller for specific performance.
Re: lis pendins
It depends.
Had the Buyer removed all contingencies?
Did Buyer breach any portion of the contract?
Did Buyer receive a Notice to Perform and fail to take the contractually required action?
Feel free to contact our office to discuss.
Re: lis pendins
All breaches of sales contracts are actionable. Contact me directly.
Re: lis pendins
Before you sue, review the contract to see whether the parties checked the boxes to elect mediation and/or arbitration. If those boxes are checked, it is highly advisable to proceed accordingly, i.e. to demand mediation or arbitration instead of filing a lawsuit. Further, you cannot file or record a lis pendens until there is a lawsuit pending.