Legal Question in Real Estate Law in California

lis pendins

The seller cancelled the transaction afte receiving money from my buyer. Can we sue?


Asked on 4/19/07, 3:32 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 4/27/07, 5:36 pm
Mark Leonardo Law Office of Mark J. Leonardo

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.

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Answered on 4/19/07, 3:40 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: lis pendins

All breaches of sales contracts are actionable. Contact me directly.

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Answered on 4/19/07, 3:52 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 4/19/07, 4:42 pm


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