Legal Question in Real Estate Law in California

I recently tried to purchase a house, but went passed the contract. I tried to extend but the seller canceled and now is trying to sue me for the deposit and repairs he did to the property. I still want to buy the house but now he is asking me for an outrageous amount of money $15k for taxes that he has to pay because he did not sell the house withing the timeframe. The only other offer he gave was to give him my deposit and to let go of my agent. I declined, so now he wants to sue me. My question is can I go to small claims to get my deposit back, or go along with his treats and go to civil court for a larger amount. He mentioned that it would cost in excess of $2500 to just reply to his lawsuit. What am I do to?

Just to add, I am active duty military and getting ready to deploy in 2 weeks. will be gone for over a year in Afghanistan.


Asked on 1/15/11, 5:47 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Ask your CO about laws protecting active-duty military from these kinds of obligations. You may be entitled to extraordinary relief from real-property purchase contracts due to your status.

Also, that part about the property taxes is ridiculous. When property sells, the taxes are prorated. These is no drop-dead date where if you sell the day before the buyer pays all the tax, and if you sell the day after, the seller pays the taxes. Possibly he is talking about income taxes, not property taxes, but his income taxes are of no concern to you.

Maybe you should back off on buying property now, just before your deployment.

Read more
Answered on 1/20/11, 9:04 pm
Anthony Roach Law Office of Anthony A. Roach

An attorney would not be able to answer your questions unless they reviewed your purchase and sale contract, and determined why you were unable to complete the sale.

Read more
Answered on 1/22/11, 2:42 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California