Legal Question in Real Estate Law in California

Re: Real Estate

Well, there seem to be two issues here. The first is what to say to this off-base attorney who rather obviously has not done his homework or is such an 18th-Century knuckle-dragging atavist that he cannot cope with the idea of women owning property.

The other issue is how to handle the claim when the idiot finally figures out whom to sue.

I think that in general it is better to respond than not, even when the letter is mis-directed. I would send it certified, return receipt requested, and I would make it short and sweet: "I was not the seller, I have never owned any interest in this property, and therefore I am not in a position to accept or reject a tender of arbitration or otherwise to comment on your issues."

Avoid pleading ignorance, because in fact you are not ignorant of the situation, but on the other hand you are under no obligation to lead the blind.

In the meantime, while he's figuring it out, you and your wife should review your possible liability for the problem, whether it should have been but wasn't disclosed, etc., on the assumption that the bozo will eventually figure it out and bring a demand for arbitration against your wife.

Check applicable statutes of limitations, and if your wife used a broker, suggest that she discuss the possibility of a future claim with the broker, whose insurance and professional duty to your wife may be a shield against her possible liability or expense of defense.