Legal Question in Real Estate Law in California

We were planning on purchasing a home from our landlord. We signed a contact for the price of 170,000 but we did'nt have it notarized. Now he wants to raise the price to 270,000 since he is upside down on the home. We no longer want to purchase the home do to the change in price. We agreed to make paying on his boat loan of 473. a month to be credited toward the home purchase, since we did'nt have a lump sum
of cash to give him.
If he is now not willing to return what we have already payed toward the home,
What is our alternative?
And did'nt he brake the contract by trying to change it. The home is not worth what he is asking.

Asked on 10/02/09, 12:18 am

3 Answers from Attorneys

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It doesn't have to be notarized to be a valid contract. In fact I've never seen a notarized home purchase/sale agreement. You are entitled to enforce your agreement at the price you agreed on.

Answered on 10/02/09, 12:24 am

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

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Contracts are only notarized by people who don't know what they're doing. Notaries are used for deeds, not contracts. The validity of your original agreement is unaffected by the lack of notarization. In fact, even un-notarized deeds are valid between the parties and others with knowledge of the deed. The lack of notarization only prevents recording the deed. If you want the home at $170,000, you can probably (assuming the contract is valid in other respects, which it may not be since it was apparently put together by novices) force the landlord to honor it by bringing a lawsuit for breach of contract and asking for specific performance as your remedy.

Answered on 10/02/09, 12:36 am

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