Legal Question in Real Estate Law in California

I am purchasing a new home from a builder in California. They gave us an estimated close of escrow, and we did sign a contract stating that they have the right to determine the exact date of the closing and we as buyer have to close within 3 calendar days of their notification. Here's the problem - they moved the close up 21 days from their original estimated date. We are locked into a rental lease for those 21 days at about $100 per diem. Also, the close now is the day before a major holiday, meaning we wont be able to get contractors out or movers out for 5 days after the date that they have chosen. This seems arbitrary, capricious and unfair. Do we have any remedies?


Asked on 9/29/09, 9:09 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First thing I'd do is look at the contract for mediation and arbitration clauses. Their presence (or absence) might dictate your remedies. The next thing I'd do is negotiate, or at least try to engage a decision-maker in negotiations. You are going to be better off getting the builder to agree to something voluntarily than any action where you'd have to retain a lawyer, even if you fail and have to pay double for a place to live for 3-4 weeks. The builder seems to be within its rights, so your chances of succeeding with a remedy in any involuntary proceeding don't seem great. Also, your contract may have an attorney-fee clause, making it possible that in losing you'd end up paying for their lawyer as well as your own.

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Answered on 9/29/09, 10:05 pm


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