Legal Question in Real Estate Law in California

real estate contract law- involvres contingency clause

i am doing an appeal for a friend as she is about out of money and has spent about 60,000so far on attorneys. the court ordered her to sell a lot when there was no enforceable contract on the grounds the contingency clause stated'' this sale is contingent upon seller obtaining easement from turnbull lane to sellers property''.there were 7 homeowners thd to grant deeds to there part of the road for seller to obtain easement, and 2 refused. seller HAD TO HAVE PROPERTY TO GAIN ACCESS TO HE R PROPERTY & WATER CONNECTION. Court ruled contingency clause soley for buyer. Now seller has a 2 acre landlocked waterless lot. we have filed notice of intent to file appeal, but buyers have now put property in mothers nam. we want to file a stay to prevent futher sale of property. is there a form or must i file a motionto halt futher sale of lot. My friend filed a suit for fraudulent transfer of property and the judge said to file a stay. what should i file- what state are you in, and how much would you charge to prepare a writ for me to copyand file. it really is a friend---thanks

. case in calif FOR stay procedings, APPEAL IN SAN FRANCISCO.


Asked on 6/23/08, 7:57 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: real estate contract law- involvres contingency clause

The stay would be based upon the fact that an Appeal has been filed. You cannot file anything or do the appeal on the behalf of your friend as you are not licensed to practice law. I am experienced in appellate work and an Appeal generally is $ 6K and more. Contact me directly.

Read more
Answered on 6/23/08, 8:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate contract law- involvres contingency clause

I cannot say so for sure because I'm sure there are plenty of additional facts which could change my understanding of what's going on here, but my first reaction upon reading what you have put forth is that you and your friend would be throwing good money after bad to pursue an appeal.

It sounds to me that the trial judge's ruling was correct. A buyer can usually waive contingencies put into a contract for his own benefit. The buyer may have better information about the status and availability of easements than you and your friend have.

Also, my suspicions are aroused when the owner of a landlocked parcel, previously for sale, decides to spend $60K to retain ownership. Hmmmmm... Has oil been found? Did you just find out the new freeway is going through the lot?

Something tells me that not all the cards are on the table here. You need to explain WHY you don't want to sell. Asking questions on LawGuru an withholding obviously important information does NOT help you to get useful answers.

On the other hand, I practice in the First Appellate District and would be willing to review your friend's case for appeal potential for well under $6K if you, or your better yet, your friend provide me full details including the case number in the trial court. As I said before, however, unless there are significant additional facts that lead to a different legal outcome being appropriate, your appeal seems to be a loser.

Read more
Answered on 6/23/08, 10:15 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: real estate contract law- involvres contingency clause

I don't know that you should help your friend appeal, since from your question I can't understand what happened.

Read more
Answered on 6/23/08, 11:56 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California