Legal Question in Real Estate Law in California

real estate misrepresentation

I was misled in a purchase contract. Before I signed the contract- the agent of the developer VERBALLY said that $16,220 would be discounted from the purchase price of the house (or that amount may used for upgrades for the house- if I choose to do so). Now the agent and the developer are saying that even if the upgrades were not applied - still the purchase price would not be discounted - which was NOT what was disclosed to me before signing. They are saying that the discount was already applied to the upgrades in the house- which I did not authorized. I gave a $5,000 deposit to purchase the property. Now - since I was misled by the agent - I would like to cancel the whole transaction. What are the legal procedures to ensure that my $5,000 deposit is returned to me- especially since the agent misled me?


Asked on 8/07/07, 11:32 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: real estate misrepresentation

Read The Friendly Contract. Verbal promises that aren't in the written contract don't mean diddly-doo.

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Answered on 8/08/07, 12:09 am
Cathy Cowin Law Offices of Cathy Cowin

Re: real estate misrepresentation

It is more difficult when there is a written contract that is supposed to encompass the entire agreement between the parties, but this can be characterized as a fraud in the inducement case (i.e. you were tricked into signing). The first step is an attorney demand letter for return of your deposit and an analysis of the contract and other documents. Please call if you would like to set up an appointment to discuss the contract you signed in more detail. We have handled other cases similar to yours.

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Answered on 8/08/07, 12:41 pm


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