Legal Question in Real Estate Law in California

I pruchased a condo conversion from the developer 3 years ago. Due to the market, the developer stopped selling. They only sold 30% of the project and are renting the rest out as apartments. No lender will lend now due to the owner occupancy guideline. I am unable to sell. Can I have the seller buy the property back?


Asked on 12/04/09, 8:04 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Sure, if you can negotiate that with them. If you're asking if you can force them to do so, that would likely only be as a result of a lawsuit proving they violated the law, regulations or their contract with you.

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Answered on 12/09/09, 8:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Nelson. I question your conclusion that "no lender will lend" .......... lenders are numerous and diverse, and surely somewhere there is a lender that will lend on some terms, particularly if there is significant equity in the deal. Talk to some loan brokers and see what they can come up with.

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Answered on 12/09/09, 11:54 pm


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