Legal Question in Real Estate Law in California

Seller trying to back out

August of this year we found a house in California that we like. So we put an offer in on it and the seller countered the first offer and we countered her offer and she accepted our last offer. We then signed a purchase agreement on 8/8/2000. The purchase agreement had an addendum (provided by the seller) that in part said that the seller would take care of the termite infestation and the buyer would take care of the dry rot located on the rear deck of the house. We accepted the responsibility of taking care of the dry rot and our Lender agreed to give us a thirty- (30) day extension after the close of escrow to repair the deck (to take care of this section 1 item). The seller has a renter in the house that would not let the termite spraying take place while she was in the house and my Lender would not close the deal because the termite spraying had not been completed. Now the purchase agreement has expired though no fault of ours, but do to the fact that the seller would not perform the spraying.Is this a Breach of Contract on the part of the Seller and if it is there anything I can do?


Asked on 10/04/00, 1:17 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Seller trying to back out

Sure sounds like a breach of contract to me.

Have you discussed the failure to close with the real estate agents involved? With the seller? What excuses or defenses do they raise?

Very possibly the seller got a better offer in this rising market and more or less knowingly allowed the deal with you to go sour.

I recommend taking your documentation to a real estate attorney in the county where the house is located and ask for an initial free conference. You seem to have a good case but much will depend on the defenses the seller is able to raise, if any.

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Answered on 11/01/00, 3:50 pm


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