Legal Question in Real Estate Law in California

Seller won't deliver deed

Bought a house 3 years ago...paid 60% of purchase price cash and did unsecured(due to large down) promissory note for balance thru seller. All agreements in writing and notarized, it is an agreement to sell real estate contract.....paid all payments since and contract states delivery of deed on closing....filed and recorded contract, note and prelim change of ownership and transfer tax'''....still they refuse to trasfer title....they legally declare ownership and we can't access our equity, how do we solve this....I want more than quiet title as breach has caused damages???Any ideas.....money is a problem,,,,,legal savvy enough with the right direction


Asked on 2/21/07, 3:21 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Seller won't deliver deed

It sounds as though you entered into a "land sale contract" or "contract for deed" transaction which is uncommon in California and little used in recent years. In the ordinary purchase transaction, you would receive title right away and give back a deed of trust as security for the note to pay the balance of the purchase price. However, if what you entered into is a land sale contract, you do not get title to the property (i.e., a deed), until you have paid ALL of the purchase price; until then, title remains in the seller's name subject to that interest represented by your contract.

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Answered on 2/21/07, 3:25 pm


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