California Real Estate Legal Questions

Yes you need to take the title report seriously.  Each item listed in Schedule B is a item that effects your property.  If someone has mining and oil rights , yes they can mine however they would have to cooperate with you.  The devil is in the details and you should have someone read the mining deed.    David... Read More

Hello.  You can force a sale through a "Partition" lawsuit and she would be forced to pay half the value of the rent until the sale takes place.  She would also be forced to pay half of your attorney fees to force the sale.  Usually the threat of a forced sale results in a settlement if one party is able to refinance and buy the other out. ... Read More

I assume that you and your son's ex are tenants in common, not partners, and that you are using the term "partner" is the colloquial sense.  Your son's ex cannot simply sell real property that she owns as a tenant in common with another.  If one tenant in common wants to sell and  the other doesn't, and tthey can't work something out, all she can do is sue for partitiion.  In a partition action it is theoretically possible that a court could order the place sold and the proceeds split, but you haven't written anything in your question that makes that appear likely.... Read More

If you have enough evidence, you can force your daughter through a court order to sign title back to your name.  Emails, texts, etc might show intent of the transfer.  But, if the intent of the transfer to your daughter was to avoid creditors, the court might deem you to have "unlcean hands" and not allow you to take the property back.  It is an evidentiary issue.... Read More

When you say that the three of you own the property, I assume your and your husband's names are on title.  As a result, the property cannot be sold without your signature.  If you refuse, without knowing more, partition and sale of the property is a possibility.  Again, without knowing more, I would think the proceeds would be split three ways.  If you want to get a better answer, please call to discuss.  Good luck!... Read More

Hello.  If you indeed have met your burden under the contract and there is no contractual clause allowing the buyer to back out of the RPA, you can force the seller to sell to you.  It would be called a "Specific Performance" action and you would be able to place a lien on the property to prevent the seller from selling to another party.  First, give him notice in writing (or request your realtor to give notice) of the fact that you do not accept the cancellation.  The terms of the agreement obviously control your situation, so I am a little hesitant to promise too much, but it sounds like your have a case without knowing more. Let me know if you need or want my help.  I have prosecuted several of these type of cases, especially when the market was hot and prices rose before escrow could close!  ... Read More

The short answer is:  Perhaps all of those persons you listed in your question are responsible.  If the seller signed the disclosure agreement, and the seller knew or should have known of those defects, then the seller is primarily responsible.  The realtors may be responsible too if they knew and did nothing to inform you.  Were the defects hidden?  Did the seller hide the scent?  Those are issues that will become important if you proceed. Let me know if you need further assistance. A suit against the seller for non-disclosure is a good suit because the winning party also recovers their attorney fees (as long as the parties offered mediation first).... Read More

Hello, is there any indication from dad (emails/letters, etc) that there was an expectation of something in return and that the transfer was NOT a gift?  Dad may have a case, but I will need to learn more.  You may call my cell if you like: 949-295-3281, or drop me a line.  Thank you.    Jeffery J. Czech... Read More