Legal Question in Real Estate Law in California
out of pocket expenses
My listing agreement doesn't expire until Dec 2009. So they want to cancel prematurely. My out of pocket expenses are cost incurred and services rendered in marketing the property prior to the cancellation of the listing.
2 Answers from Attorneys
Re: out of pocket expenses
You have several options. You can sue in superior court for breach of contract as a limited jurisdiction case meaning you are suing for less than $25k. However, since you made the contract with both, you would in effect be suing both. You can also consider small claims but you will be limited to the maximum for small claims which is usually no more than $7.5k. A mechanic's lien will likely not be available to you since you did not actually improve the property.
Good luck.
Re: out of pocket expenses
You don't have to allow cancellation. But, unless you find an acceptable buyer, you don't get paid anyway, so what is the issue?
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