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California commercial real estate I have signed a contract…

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California commercial real estate I have...
California commercial real estate
I have signed a contract through broker company with landlord to build a store for our business by 11/01/2017 and has not dig the ground yet, and he avoids calls, emails, but his broker got a hold of him and he didn’t show any commitment to if or when the building will be finish, even offered to refund deposit! , the contract states 2 months free for 1st 2 months of delay and if he is later than 3 months deposit is refunded and contract is breached, the brokers our and his ( same company ) told us he may have sold the company that owns the land and the contract ,but not clear on terms with new company , they and us were not notified , they just done some researches .
As you my imagine I have been negotiating with him through the brokers for over a year and waited almost another year for him to just sell and go ,spent money, time and efforts and paid his chosen architect almost 3k to get interior design ready .
With the information I have, I think I was used to make the sale more appealing to perspective buyers with no genuine intention to build any stores , with no respect to many other opportunities I passed waiting for this particular one to happen.Can I sue for a good compensation? , more important can I get him charged with fraud?
Submitted: 4 months ago.Category: CA Real Estate
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Answered in 16 minutes by:
10/4/2017
Lawyer: Thelawman2, Attorney replied 4 months ago
Thelawman2
Thelawman2, Attorney
Category: CA Real Estate
Satisfied Customers: 1,741
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

What you should be doing is suing for breach of contract. This does not sound like a simple delay as is contemplated by the contract, but instead is a complete breach. The difference is important because it could be argued that your contract as a liquidated damages clause, which means that the amount you are able to recover is already set out in the contract (just the refund of the deposit). However, you should be arguing that the clause only deals with delays and not with a complete breach of the agreement.

As a result, you should be suing with the foreseeable damages that would flow from the breach of the agreement (such as having to pay a premium to get your store built in time as you wanted and wasted money on other services to get your store ready).

As for getting the person charged with fraud, that is unlikely to occur in terms of a criminal charge. A prosecutor is going to view this as a completely private dispute between two business parties and will be unlikely to bring a criminal charge against the person.

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Lawyer: Thelawman2, Attorney replied 4 months ago

I hope this has been helpful. If so, please don't forget to provide a positive rating at the top of your screen.

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Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: CA Real Estate
Satisfied Customers: 121,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question.

I am a DIFFERENT CONTRIBUTOR as it seems you have asked for a new contributor. What further questions did you have, as I have read everything above, but I do not see any new questions or follow up questions you did not get answered for you or what additional information you may want?

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Law Educator, Esq.
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