Legal Question in Real Estate Law in California

If Seller does not own the house you would like to have, he can not sell it to you. There are other factors such as which one did you see, which one did you inspect, physical address, website info for the house, photos on flyer you might have seen, will go against your effort.So, stick to what you have.

Your contract is not based on the legal description unless the legal description is in your contract, which I doubt. The seller owes you the property in the contract, not a property shown in mixed up title company documents. Instead of trying to pull a "gotcha" on the bank, I suggest you get your title company to clean up their paperwork or you may find you have a really serious issue with your deed and title insurance if you let the deal close without fixing it.

Find out if Bank of America owns the other house and are they willing to sell it to you instead. Since it would result in a delay of several weeks in purchasing the other houle, they will probably say no.

There has to be a meeting of the minds for a valid contract. Both you and the seller meant the same house and everything involving in the sales process probably involved that same house. That the title company may have made an error does not change any of that; B of A offered you a house and you can not now go and say that you want another house instead.