Legal Question in Real Estate Law in California

Time limitation on lawsuit

Real estate contract with seller fell out of escrow 8 days before forclosure for $206,000. Agent got a contract with an 8 day closing for $150,000 seller broke contract for another bid of $194,000. Mediation did not settle the controversy of seller and investor buyer. Lawyers were obtained and abritration was refused. Seller's lawyer filed law suit against investor buyer, real estate broker and the agent. Judge would not rule on the case. The case against broker and agent has never been settled. Lawyer wants broker to pay his costs seller owes broker $9,000 for breaking the contract. Payment has been refused. Seller has been formally billed. Lawyer has never formally billed broker for costs. Problem - broker is holding agents share of $14,000 comission on an unrelated escrow for security against future suit. If the real estate broker has to pay lawyers costs at some future time then the question - Is there a time limit or legal reason to hold the compensation from the agent on the unrelated sale?


Asked on 7/09/05, 1:50 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Time limitation on lawsuit

Procedurally, there are a lot of details missing from your post. A judge cannot simply refuse to rule on a case. Is the case still pending? Was there a trial? Was the case dismissed? If there was a contract that allowed the prevailing party to recover attorney's fees, this is decided by the judge in a motion after the case is over and a judgment has been filed. Please post more details on the current status of the lawsuit.

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Answered on 7/09/05, 3:18 pm


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