Legal Question in Real Estate Law in California
Real Estate Breach of Contract
My husband purchased a property, via court order, lawyer, told him to get a silent buyer, as my husband had since been determined to be disabled, he would not be able to work, thus there was an income issue. The silent buyer agreed to buy the property whne escrow closed, but when it closed he was in a financial bind thus my husband had to make all the payments, my husband made all the payments, thus the deal was null, the silent buyer is now suing my husband for breach of contract. We have to go for a settlement hearing and they want a 612 Rule into court in 5 days, i don't know ehere to start and we have no money for an attorney. what is a 612, rule, and by the way the original owner has an appeal, so until that it settled the property isn't his help please
1 Answer from Attorneys
Re: Real Estate Breach of Contract
Since you seem to be in San Bernardino County, the fact that I've noticed a Probate Local Rule 612 in the local rules for that county's courts suggests that this property may be tied up in a probate proceeding.
Otherwise, the facts you've given us to work with are way too confusing and probably incomplete to give a bulletin-board attorney a chance of giving you a useful answer.
If you would fax, e-mail or mail me a greatly expanded description of what has happened - naming names, giving dates, stating dollar amounts, and giving much fuller explanations of each turn of events - I might be able to explain what's happened and what you might be able to do about it.
In the meantime, my hunch is that your husband made a risky investment in buying property from a probate sale, then when he was not financially able to carry out his deal, he tried an even riskier way to save his deal. I fail to see how the so-called silent buyer can be suing for breach of contract; sounds to me as though the breach goes the other way, but then it's hard to make head or tail of these super-condensed facts.
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