Legal Question in Wills and Trusts in California

Purchase of Probate Real Property - Court Date

I made a purchase offer on a house in Los Angeles County which was accepted on 1/16 - realty agents represent both sides. The atty for the probate has not returned any calls by either agent about the court date. They did not want a loan contingency and I have a pre-approved loan. However, the loan commitment is only for 45 days, which is standard in the industry. I am amazed that this attorney has not returned a call, but has my 10% check. The selling agent said the atty had to go to court in person to get a confirm date. If they drag their feet, am I supposed to just lose my deposit? Time is of the essence. Do I have any recourse, or do you have any suggestions? It is now 2/4. How does this usually go? Thanks in advance for the response.


Asked on 2/04/03, 6:12 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Purchase of Probate Real Property - Court Date

Check your real estate contract to see whether there were cutoff dates to protect you, e.g. dates the seller has to comply with to complete the sale. The attorney should have filed a petition to confirm sale of real property by now, but if he/she hasn't, the agents should be applying more pressure. You can check yourself to see if it's been filed by looking up the case by number or name and checking to see which documents have been filed and what hearings are coming up. L.A. County courts may still do this over the phone, so it's worth a try.

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Answered on 2/05/03, 11:26 am


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