Legal Question in Real Estate Law in California

paid cash - deed not transferred

7 yrs. ago we made an agreement to pay cash for 5.2acres interest free to be paid within 10yrs. we never transferred deed because he was a friend. He has been paid over 28,000.cash to date and now has started trouble wanting to resell the property i live on. i have receipts stating cash payment for property loan he signed he has broken into and removed everything from the house while i was on vacation. ii called the sheriff and moved what wasnt stolen back in what do i do. what are my rights? and what should i tell an attorney who would handle this?


Asked on 5/29/03, 9:28 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: paid cash - deed not transferred

You are in a very difficult position, and you will need the assistance of a lawyer to untangle this mess. How the mess can be untangled and perhaps whether it can be untangled at all may depend upon the state of the written documents.

You say there is no deed, which would be appropriate (even between strangers) if there were a contract that made this a "land contract" or "contract for deed" (same thing, different names) sale of the land. However, I sense that there is no written agreement at all between you.

It is possible that this is an instance of good intentions gone awry, or maybe fraud from the outset. The burglary of your home (yep, that's what it was) suggests that the seller does not have good intentions now, even if he did seven years ago.

You need to get a lawyer on this matter right away. You need to collect and preserve evidence, prevent further (possibly criminal) invasions of your turf, and to shed the innocent notion that freinds can make handshake deals that will last seven to ten years. Everything should be in writing --- the closer the personal relationship, the more necessary the writing --- and if land is involved, the contract should be signed before a notary. In some cases, recording is also desirable or necessary, but "land contracts" are not usually recorded as the sellers frequently forbid recording.

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Answered on 5/29/03, 11:50 pm
Michael Olden Law Offices of Michael A. Olden

Re: paid cash - deed not transferred

get to an attorney IMMEDIATLY, with all of your paperwork, reciepts, cleared (cashed) checks etc. --- just tell him or her your story and the attorney will know the right questions to ask --- find someone who specalizes in real property law

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Answered on 5/30/03, 1:00 am


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