Legal Question in Real Estate Law in California
real estate company bought home from owners but owners removed all ceiling fans , toilets , barbeque pit ( in ground) , and filled hot tube with concrete. What is the best way to take action? I like to know if there are any related cases. thanks
2 Answers from Attorneys
The first question would be whether legal title to the property had passed from "owners" (sellers) to the buyer (real estate company) at the time. A second question might be whether the injured party wants civil remedies (i.e., money damages) or criminal penalties. If title had not passed and buyer wants money damages, a breach of contract action might be most appropriate, and consideration should be given to bringing it in Small Claims Court. If title had passed at the time, which may happen before closing, maybe a trespass action. I am sure there are cases on this kind of malicious destruction of property by the seller. I'll do some research and post again if I find a good one.
This sort of thing happens often with foreclosures. The foreclosed owner is angry at losing his home and strips it of appliances, fixtures and the like. I have heard of hot tubs being removed, but never one having been filled with concrete. What to do, and who would be able to do it, would require more facts and a consultation. Look for a real estate attorney in your area.