Legal Question in Real Estate Law in California

We are selling our house owned by 2 couples on the contract, a 2nd party single person has sued us, not on the contract, only a renter.

The 2nd party is actually a relative who is co-owner who gave a deposit of 2k so the house could be bought, now suing us for 50k and giving us only 4 days to respond. Plan is to sell the house and return what is rightfully hers, except she doesn't know that since we are not talking. Profit will be equally shared by all members, 5 people. what do we do with the lawyers letter we got today?


Asked on 8/25/12, 10:08 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, can you sell without all five co-owners cooperation and agreement? Maybe, if there is some legally-effective document giving the power to sell to some sub-group of the owners, or their agent. However, you haven't mentioned such an agreement.

Next, how is the ownership group organized? Sounds like a partnership, but not necessarily. Any sale, or any litigation, cannot be analyzed properly without knowing something of the makeup of the owning group. Is there a trust involved? Are you all heirs of a former owner?

Why aren't the co-owners talking?

Finally, we obviously can't tell you what to do with the lawyer's letter. Who is the lawyer representing, and what does the letter say? If some of the owners have been sued by one or more other owners for $50,000 and only four days remain to respond, who is taking responsibility for preparing, filing and serving the response? If the response deadline isn't met, you will lose the lawsuit by default, and judgment will be entered against you.

I can probably defend the lawsuit for you by (first of all) responding to the summons and complaint prior to the deadline. If you'd like, please contact me directly as soon as possible (I work on the weekends) so we can arrange representation, delivery by FAX or scan of the summons and complaint and other facts. and discuss a fee arrangement. I do have a modest amount of specialization in this kind of dispute.

I'm guessing the case is in Santa Clara County Superior Court, but perhaps Alameda or elsewhere. I could handle any such jurisdiction efficiently.

Read more
Answered on 8/26/12, 9:58 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California