Legal Question in Real Estate Law in California
Former owner, who was also the broker, promise to manage the rental property for free for 1 year if we buy this property. When the year is almost over, we asked for the security deposit to be transferred they renege on their promise and kept the deposit as management fees. We sued for the full SD amount . They counter sued for management fees. We got the full amount on our claim. They got little $ on their claim. They appealed. 2nd judge reduced our judgment significantly. Is there any thing we can do now to get the security deposit back from them? Can we file a new suit claiming breach of contract (even though it was oral)?
2 Answers from Attorneys
The agreement did not have to be in writing, it is just much easier to prove. Next time try to put things into a written form. You have already sued once as to the security deposits so why could you sue another time?
You already sued. You don't keep suing over and over when an appeal doesn't go your way, otherwise our courts would be more overcrowded than they are. Move on and collect the judgment as it stands now.
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