Legal Question in Real Estate Law in California

Re: property taken under duress?

It sounds like you may have an inverse condemnation claim. There are statute of limitations concerns as well as administrative exhaustion issues that will need to be evaluated. If you would like to speak with me further, please feel free to contact me.

Yours truly,

Bryan

Re: property taken under duress?

There are all degrees of duress, ranging from Moses' threat to the Pharoah of Egypt in demanding the release of the Jews ("If not, I'll smite your first-born dead; thus spake the Lord bold Moses said") down to just the pressure of bad economic times. Someone holding a pistol to your head is certainly sufficient duress to obtain rescission of the contract. Civil Code section 1689(b)(1) includes duress as a ground for rescinding a contract.

Civil Code section 1691 requires a party seeking rescission to act promptly after learning of the facts justifying rescission. However, section 1693 says relief based upon rescission shall not be denied "unless such delay has been substantially prejudicial to the other party." Therefore, an attorney cannot know whether you are likely to get relief or not without studying all the facts, including what the city has done with the property in the meantime, and whether the sale can now be un-done (and perhaps re-done at a higher price).

If the duress amounted to the city saying, "Take it or we'll use eminent domain to condemn it," I would have to do some research to be sure, but if this was the only threat made I think this is within the bounds of acceptable negotiating tactics and would not amount to duress. As I say, I could be wrong.

Re: property taken under duress?

If you contact me I can refer you to someone who may be willing to help.