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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16052
Experience:  Licensed General Practice Attorney, Texas
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I own a SFR with my two other brothers. It is and vacation

Customer Question

I own a SFR with my two other brothers. It is for family and vacation rental. Title is held as 1/3 tenet in common each. House is in California
We have a signed owners agreement that states an owner can not divide or sell his interest with out the consent of a 100% of the three owners.
My older brother Mike, a CA. attorney, six years ago places his 1/3 interest in a trust with his new wife. She is now on title. Both Todd and I would not agree to this. He did it any way. Can he be reported to the California Bar for discipline? Mike is now getting a divorce. WE can not sell the house or do anything with out her consent.
Craig
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 11 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Unless he acted in this role as an attorney, the fact that he is an attorney and did this is irrelevant. The state bar is concerned about how he practices law and holds himself out as an attorney. Breaching an agreement, particularly where he is a party and not the attorney, is not going to be something that the state bar is going to be interested in.

At best you would have a breach of contract case against him as you had a signed, written agreement between you three that he breached. If you can prove actual damages that resulted from that (that you lost money that you otherwise would have had, or that you failed to make money that you could have made but-for his actions) then you could have a case against him. Otherwise, it's going to be something that will need to take its course.

Now you certainly can report him to the California Bar. But they wouldn't do anything, as he was not acting in the scope of actually being an attorney. The fact that he breached the agreement AND that he's an attorney are two unrelated things. He could have breached if he wasn't an attorney. So the state bar is not interested in regulating that behavior.

If you CAN prove damages, you would want to talk with an attorney in your area that deals with breach of contract cases. The attorney would be able to tell you how courts are treating cases such as yours in the area, assess the strengths and weaknesses of the case, and tell you what you could do next.

Expert:  ScottyMacESQ replied 11 months ago.

That being said, you need to contact an attorney in your area that deals with breach of contract cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you should be paid for your damages, if you can prove your damages.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 11 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 11 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacESQ replied 11 months ago.

Hello?

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