Legal Question in Real Estate Law in California

Re: Prpperty line moved by builder after entering sales contract

You case depends upon the written agreement and title report. We need more information and review of these in order to assist you. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation and correspondence.

Re: Prpperty line moved by builder after entering sales contract

I'm pretty certain the answer is that the builder cannot sell all or part of the land to anyone else after he signs a sales contract with you, provided you're not in default on the contract. This is because so-called equitable title passes to you upon execution of the contract, making you the owner, subject only to your making the required payments and otherwise complying with the sales contract. Oh, it is also necessary that the seller and you have removed any contingencies, making the sales contract fully and reciprocally binding -- the builder being obliged to sell and you obliged to buy.

The builder might have defenses if some law or zoning rule would make the sale, as descibed in the contract, illegal without the lot-line adjustment.

So, it's not so much a case of breach of contract as it is one of selling what one doesn't own.

The answer must be qualified by adding that one cannot be certain about such matters without giving all the documents a thorough reading.

Re: Prpperty line moved by builder after entering sales contract

While I do not have all the facts, they cannot take away property that is contemplated in a contract.

JOEL SELIK

Attorney at Law

CA Real Estate Broker

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

Representing Taxpayers in all 50 States and Internationally

LEGAL MATTERS: Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Re: Prpperty line moved by builder after entering sales contract

I have fought this same case on both sides. You need an attorney. You may contact me. You need to pursue the builder on a breach of contract theory, fraud and more.