Legal Question in Real Estate Law in California

Re: I was just served

Important points:

(1) You only have thirty days after the date on the proof of service to file a response in the court. An informal response will not do and you will be defaulted if you do not respond appropriately.

(2) Your agent (and his) probably have E&O (Errors & Omissions) insurance that may cover the problem.

(3) You need to consult an attorney promptly. Attorneys offices serve many clients. We will often drop everything to make sure your needs get addressed, but we can serve you better if you don't give us that complaint the day before a response is due!

I would be happy to talk to you more about this case. My office is located in Fresno and serves clients throughout the Central Valley. I have a good deal of experience with similar cases and would come alongside and help you work through this problem in a reasonable fashion.

With Regards, Cathy

Re: I was just served

Typically, the California Residential Purchase Agreement advises the Buyer to inspect all aspects of the property, including square footage.

Also, on the MLS listing, the source of the square footage is usually specified. What was the source specified in your listing. If the source was "Owner" then you may have a problem. If it was "Assessors Office" or the like, then you're probably better off.

Also, did you know of the size discrepancy? If so, then you should have disclosed it. If not, then that works for you as you can't disclose what you did not know.

Did you do any additions/alterations that may have changed the square footage? If so, did you disclose those?

Did the Buyer sign off on their inspection contingency? I presume they did, if the deal closed. This works for you.

There are many variables and questions that need be answered in order to assess your case. This is something you should do . . . if you have a strong case, it may be wise to fight. If you have a weak one, you may want to think about settlement.

I am an attorney and licensed real estate broker. Feel free to call for a free initial consulation.

Re: I was just served

I can't really give you a comprehensive answer, without knowing more of the facts.

A very brief answer is that you need to consult an attorney to represent you, even though you believe you did everything right, and are honest.

Some cases you need to "intend" to swindle somebody, and, obviously you didn't. In others you are careless, and you may have been here, by hiring an incompetent agent. Perhaps the buyer is wrong, and looking for a "quick buck".

You need counsel ASAP.

Re: I was just served

You need to get an attorney. While you had an agent, you alone are responsible for the content of the real estate transfer disclosure statement and this may have contained information which was incorrect. If one is going to buy and sell real estate, this is a risk that goes along with the transaction. Remember that you must file an answer within thirty days of having been served.