Legal Question in Real Estate Law in California

Re: realestate

I agree with the previous answer. Title and thus the right of possession passes when the deed is signed and delivered. Although recording is not a trivial act, and it is customary for the buyer to hold off taking possession until the deed is recorded, the buyers may have a strong argument that they did nothing wrong. Further, the essence of a suit for trespass (or whatever) would be that harm was done for which a court can award money damages. Proving anything beyond token damages seems impossible. You would perhaps be awarded one dollar plus costs. Not worth it unless you want to make a statement.

Re: realestate

Perhaps you have some rights that are diminimus in nature. That is to say simply small in value and something which may be recoverable solely to memorilize the facts that you have rights which were violated.

The real question is why sue, and what are your damages. Unless something about the deal and recording goes south; then what's the purpose?