Legal Question in Real Estate Law in California

Re: Promissory Estoppel & Foreclosure

You recently asked a question about Promissory Estoppel and Foreclosure, and asked for listings of relevant case law.

In essence, the doctrine of estoppel says that when the act or promise of A causes B to do something B would not otherwise do, or causes B to forbear to do something B would have otherwise done, A is estopped from taking advantage of the act or omission caused by his own act or promise.

Another way to put it is this: A may not lull B into a false sense of security by conduct causing B to forego to do something which B otherwise would have done and then take advantage of B's inaction caused by A's own conduct.

I note that you've asked for case law about promissory estoppel and real estate law. I'm sorry that I can't give you such a list, as the cases from California on estoppel alone number in the hundreds. I'd suggest a visit to your local law library, and look up Estoppel in West's California Digest 2d, Volume 21. Otherwise, you should probably consult counsel.

Under the facts you stated, you may also have a basis for suit in fraud, and breach of contract. Of course, the language of the settlement agreement will be a critical issue.

Best of luck to you.

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