Legal Question in Real Estate Law in California

Re: sold home, not on title, being sued by buyers

You can hire me. I'm 200 an hour.

Re: sold home, not on title, being sued by buyers

Under the limited factual circumstances, you should be able to "delay" the hearing if you were not served proper, timely notice of your hearing in the morning, etc...This would give you more time to consult with an attorney and plan strategy, rather than trying to defend and countersue unprepared in the morning. If you would like a free consultation, contact us directly.

Re: sold home, not on title, being sued by buyers

If today is the trial, it's likely too late to obtain an attorney, and certainly too late to obtain an attorney who can be prepared in time.

However, if today is merely a status conference, then you have time to obtain an attorney.

Based upon the limited facts provided, it appears that you have to (1) look to the decree undoubtedly entered in family court (in the divorce case) to ascertain what rights/obligations each of you owed to eachother, at least from a contractual and/or judicial basis; and (2) appear in the civil action and likely seek indemnity from your ex. Indemnity is a legal term which essentially means that you are seeking someone else to cover you for any damages that you may actually end up owing.

This could be a complicated case. And it is imperative that you obtain competent counsel who understands real estate litigation and issues of non-disclosure and mold. We are experienced real estate litigators, and if/when you are ready to proceed, we would be pleased to speak with you.

Re: sold home, not on title, being sued by buyers

First, what is the nature of the hearing, which due to the holiday, must be on Friday? It if is indeed a trial, most courts have a procedure where all cases are called and then they check for readiness or other issues. At that time, you can request a continuance and explain to the Judge that you just received notice and need time to retain counsel.

Second, it is unclear what theories the buyers have against you since you were not the seller. The divorce would only set forth your rights and obligations as between you and your exhusband. The real estate purchase contract would set forth the contractual relations. Did you have a contract with the broker? Or, was it just with your husband? So, the answer is you need to request time to continue the matter, and then have an attorney review your divorce documents, the real estate documents and the pending case against you. We offer a free initial consultation and may be able to appear for you if this is local to the Bay Area.