Legal Question in Real Estate Law in California
We signed a contract to leave the fixtures (curtain rods) in the home. The sellers took them. We did do a walk through just prior to closing and they were in the house. They took them after the walk through. The sellers offered $250 and that includes damages to the walls, painting and installation of new curtain rods, brackets and tie backs, so we are going to court. We have already filed in small claims court. The seller and listing agent are refusing subpoena service. The listing broker is the only one that will be in court. Is there a real estate law that says who is responsible? Is it just the seller and/or the listing agent and/or listing broker?
1 Answer from Attorneys
Just the seller, unless the listing agent and/or broker was somehow involved. The agents and brokers are not responsible for their clients' conduct unless they are complicit in it. If you don't get the seller served, you are probably out of luck.
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