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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41035
Experience:  Texas Attorney for 30 years dealing in real estate
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A buyer wrote an offer on my property and took several

Customer Question

A buyer wrote an offer on my property and took several months to schedule an inspection. He never signed off on contingencies and tied me up for over two years in Court saying I'm preventing full inspection, but they have had two inspections now. I want to sell my building but it cost money to maintain for the past two years and made $400,000 in equity. My question is, is there any vehicle to demand either the equity or the expenses for the years he wrongfuly held me in Court asserting a lie ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

Yes it is possible here for you to counterclaim and claim losses including loss of use, lawyer fees, court costs, any other harm.Anytime there has been such a suit you can counterclaim and seek to be made whole here in California.It would be in your interests to do so and seek recovery.You may well have good facts to counterclaim for all your harm.You may consider your own lawyer to counterclaim and seek a change in direction in all of this.

Expert:  Ray replied 1 year ago.

Here our cross-complaint can be filed by any defendant or cross-defendant. A cross-complainant may assert against plaintiff or cross-complainant any claims, regardless of whether those claims are related to the subject matter of plaintiff’s action. Claims against parties other than plaintiff or cross-complainant must relate to the subject matter or transaction alleged in plaintiff’s complaint. CCP § 428.10.

A cross-complaint is compulsory if the cross-complainant has a cause of action against the party who brought the original complaint or cross-complaint, that “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action alleged by plaintiff in the complaint.” CCP § 426.30(a); CCP § 426.10(c). To qualify as a compulsory cross-complaint, the related cause of action must have existed at the time defendant/cross-complainant served its answer to the complaint. CCP § 426.30(a).

Causes of action that qualify as compulsory cross-complaints are waived if not asserted. CCP § 426.30(a). Qualifications of and exceptions to the waiver rule are found at Code of Civil Procedure § 426 et seq.

A party may seek leave of court to assert an omitted cross-complaint at any time during the pendency of the action. CCP § 426.50.

A party may be joined as a cross-complainant or cross-defendant, if, had the cross-complaint been filed as an independent action, joinder of that party would have been permitted by the statutes governing joinder. CCP § 428.20.

The counterclaim is abolished. Any cause of action that would previously have been asserted in a counterclaim must be asserted in a cross-complaint. CCP § 428.80.

Counter claim is the same as a cross claim.Cross claim is the current terminology here in California.

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