Legal Question in Real Estate Law in California

Told to sell a house because the one we're buying is going to be ready. We sell

We have placed a deposit down on a new home under construction in November, 2000. In December, we are told to sell our homes, because our new home will be ready on 2/11/01. We sell our homes, move our possessions into storage, and move to a freiend's house. The home is not ready as of today (6/16/01). There have been multiple ''anticipated completion dates'', none of which have come to fruition. Just this week, the date is now pushed back to 7/31/01.

We have lost out on property tax write offs, are having to pay storage fees, and are absolutely heart-broken with the constant promises of a delivery date that never happens. And while waiting for this home, local real-estate prices have sky-rocketed, and we now can afford nothing but the house we are waiting for.

Through legal means, is there a way for me to get the upper hand in this situation? Do I have a leg to stand on, since nothing is promised...it's all ''anticipated dates of completion? Thanks!!


Asked on 6/17/01, 12:56 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Told to sell a house because the one we're buying is going to be ready. We

I suggest you ask for a free consultation with a real estate attorney practicing in the county where your under-construction home is situated. Make sure the attorney has no conflicts of interest. Not every attorney may be interested, but if you check several you can probably find one to evaluate your case based on your paperwork and see whether legal action is warranted or yet timely.

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Answered on 7/02/01, 1:59 am


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