Legal Question in Real Estate Law in California

sale of property

how can we stop the sale of my property when partner is selling it and accepting offer?


Asked on 1/24/08, 7:33 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: sale of property

Have an attorney review your partnership documents. The attorney can seek an injunction, quiet title, etc. You should seek an attorney in the area in which the property is located, preferably close to that courthouse since it would probably involve a lot of emergency work.

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Answered on 1/24/08, 8:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: sale of property

I assume you are the same person who asked a similar question a bit later today.

There are a few additional aspects of your issue that I did not cover in my other answer due to lack of space.

A real estate broker should not offer or participate in closing a deal where there is a cloud on title, at least without disclosing the title problem and getting a buyer's informed consent to accepting less than what would be considered marketable title. To help prevent this, one step would be to inform the agent or broker of your adverse claim by certified mail.

Another way is to file suit and have your attorney record, serve and file a "lis pendens" (legal notice that an action affecting title or possession of real property is in litigation).

Some caution needs to be exercised in attacking another's title to real property, however, because besmirching someone's title, which turns out to be good, is a tort called slander of title and can result in a judgment for damages against you.

As my other answer suggests, I think you may have a good case, despite having created some obstacles for your self by deeding over your property or interest therein for the questionable purpose of making it look more acceptable to a lender. I would be willing to assess your situation in a free in-person consultation if you wish.

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Answered on 1/25/08, 12:16 am


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