Legal Question in Real Estate Law in California

Am I violating the CA Residential Purchase Agreement if I file a Lis Pendens against the seller? Currently, we are in escrow with a short sale and our agent feels that the seller is attempting to get out of our contract and sell to one of the backup offers. Do we need to mediate/arbitrate this first?


Asked on 9/02/09, 4:45 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You currently have nothing to mediate except your agent's speculation. You may be qualified and able to file now, but should understand the risks if you refuse to release it upon proper demand later. If your escrow goes through, it disappears or is dropped. If the sale falls through, you must either sue or withdraw the lis pendens. Feel free to contact me if serious about getting counsel to handle this if it becomes necessary.

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Answered on 9/02/09, 7:52 pm


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