How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33244
Experience:  Began practicing law in 1992
11068102
Type Your Real Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I have just closed on a sale of a condo in Portland OR. The

Customer Question

I have just closed on a sale of a condo in Portland OR. The listing did not show a storage unit with the condo, the contract for sale did not ask for a storage unit, but the title company included it in the documents. They say it could not be deeded separate but I have three different deeds and three different tax bills. The buyers are refusing to give the storage area up. I feel this is an E&O situation with the title company and the listing agent at this time. What legal ground do I have to stand on?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Expert:  Dwayne B. replied 2 years ago.
I would be willing to discuss this with you but I don't think you're going to like the answer and all too often if we don't give customers answers they like then they leave bad ratings. I don't believe in giving answers that are anything other than straightforward because that just ends up causing more problems for the customer and, potentially, costing them a lot of money. If you would like for me to discuss this with you and explain what I think is most likely to happen then I would be more than happy to do so but I have to ask for your assurance that you won't issue a negative rating because the answer isn't in your favor. With that in mind, would you like for me to discuss this with you?
Customer: replied 2 years ago.
BECAUSE THE-SALE IS RECORDED DO I STILL HAVE THE ABILITY TO GET MY STORAGE UNIT BACK?
Customer: replied 2 years ago.
I DO UNDERSTAND THAT I MAY NOT LIKE THE ANSWER I AM NOT GOING TO DOA NEGATIVE RATING BECAUSE I ***** *****KE THE ANSWER.
I THOUGHT E&O WAS INCLUDED IN CLOSINGS FOR ERRORS LIKE THIS, IS THAT NOT THE CASE?
Expert:  Dwayne B. replied 2 years ago.
The issue here is going to be the final documents. Did the documents that actually completed the sale include the storage unit?
Expert:  Dwayne B. replied 2 years ago.
And sorry it took so long to get back with you, for some reason my screen wasn't showing you had responded.
Customer: replied 2 years ago.
Yes the closing documents included the storage unit
Expert:  Dwayne B. replied 2 years ago.
Your problem is going to be these documents. While you can sue alleging negligence or a breach of contract, the fact that you signed off on documents which included the storage unit is going to make it almost impossible to get a verdict/judgment.
Expert:  Dwayne B. replied 2 years ago.
You could allege that the title company misrepresented whether you could deed it or not but you run into a couple of issues with that. The first issue is that you have to prove that the title company had a duty to provide you legal advice on this topic, which they probably didn't, and the second issue is what is known as the "4 corners rule" which states that a judge won't consider other documents or testimony outside of the actual document which is the subject of the lawsuit. Since the contract is what conveyed the property then that is the document that has to be sued on.

Related Real Estate Law Questions