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Morning. My question is in regards to a option to purchase…

Good evening/morning. My question...

Good evening/morning. My question is in regards ***** ***** option to purchase agreement. I'm the seller, how do I get out or cancel this agreement?

Lawyer's Assistant: Where is the property located?

Victorville ca

Lawyer's Assistant: Has any paperwork been filed?

The option to purchase has been with a escrow company.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm currently in escrow with another buyer, I have an email from the buyer from which I made the option to purchase agreement with stateing that she is no longer going to purchase the property.

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Customer reply replied 1 month ago
I found out today 12 March that there is a lean on my property because of this agreement.
Answered in 22 minutes by:
3/13/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,023
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your real property sales question this evening. I'm attorney Bill assisting you with your request.

If the contract that you signed is subject to closing of escrow you may be able to back out at this stage.

There can be forfeiture of deposit clauses that need to be reviewed in your contract.

If the lien wasn't disclosed as part of the option agreement you could seek countractual rescission for fraud , misrepresentation, and/or unilateral mistake.

Do you have a copy of the option contract/sales contract ?

You need to approach the other side to determine if they are agreeable to the rescission.

Looking forward to your follow up.

In return remember to rate my response positively today.

I'm an independent legal expert and get a credit after you take the time to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated as always.

Thank You

Attorney Bill

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Customer reply replied 1 month ago
Ok so, I do have a copy of the option to purchase agreement, that was between myself, wife and the prospective buyer. The buyer in email stated that she was no longer going to purchase the property, how can I get the lean removed?

To remove a lien you need to file a civil challenge to the lien challenging it as fraudulent by a complaint to show cause why the lien shouldn't be removed.

If the lien holder hasn't justification and legal authority for the lien then it will be removed by the court.

I'm an independent legal expert and get a credit after you take the time to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated as always.

Thank You

Attorney Bill

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Customer reply replied 1 month ago
Ok thank you. How long does that usally take to do?

This can take a few weeks and and clerk of the court will inform you of the time period and give you a hearing date.

Here are some tips to prepare for your hearing

http://www.ocgov.com/gov/cob/apa/prepare

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated as always.

Thank You

Attorney Bill

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Customer reply replied 1 month ago
attached a couple of documents. One the option to purchase agreement, a email from the prospective buyer stating she is not purchasing the property, cancellation from MLS. What do you think? Should there even be lien?By the way, thank you very much for your time and efforts. I appreciate it.

Thank You for your follow up. The review is additional but I'm happy to make this review service available to you.

I see you have yet to rate my answer positively

I'm an independent legal expert and get a credit after you take the time to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated as always.

Thank You

Attorney Bill

Ask Your Own Legal Question

Thank You for your follow up. The review is additional but I'm happy to make this review service available to you.

I see you have yet to rate my answer positively

I'm an independent legal expert and get a credit after you take the time to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated as always.

Thank You

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,023
Experience: Attorney
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