Legal Question in Real Estate Law in California

relisting a home

My boyfriend and I were in escrow

with a seller. After the contingency

time expired, they backed out of the

escrow. We were told the reason was

b/c they couldn't find a home to

more to.

However, 2 weeks later, the re-listed

their home for 50G more than what

we were in escrow for.

Can they do that!? is there anything

i can do? should i warn ppl about

them!?


Asked on 6/25/09, 2:30 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: relisting a home

You can sue them and have the court order them to go through with the original deal. The legal term for this is a lawsuit for "specific performance."

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Answered on 6/25/09, 6:40 am
David Gibbs The Gibbs Law Firm, APC

Re: relisting a home

You need to do more than warn people about them, you may have a right to sue them for something called "specific performance." In essence, real estate is considered to be unique, and so in theory, no amount of money damages can compensate you for the sellers backing out without a legitimate reason. The Court can order them to sell you the house under the terms of the original agreement (assuming you were in no way in default, and able to complete the transaction). While the litigation is pending, you can file something called a "Lis Pendens" against their home which will prevent them from selling it to anyone else.

You need to speak with a real estate attorney in your area right away to determine what your rights are. If they did as you said - and cancelled your deal to get more money - they should be held accountable. Get a hold of someone today.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/25/09, 12:35 pm
Terry A. Nelson Nelson & Lawless

Re: relisting a home

They can't "back out" without your agreement. If you signed escrow cancellation instructions, you allowed them to. If you didn't, and if you have complied with all terms of the contract, you may be able to force them to 'specifically perform' and sell to you at the contract price. If this is in SoCal, and you're serious about doing so, feel free to contact me.

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Answered on 6/25/09, 1:19 pm


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