Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My ex wife and I are in escrow on the sale of our house of…

Customer Question
Hi. My ex wife and I...
Hi.
My ex wife and I are in escrow on the sale of our house of 18 + years. We have invested in many upgrades on the property. The current buyer of our 40+ year old property is (unfortunately) a local banking officer, and we did not find out his girlfriend was his real estate agent until his second offer. (The first offer was accepted, but buyers backed out due to desired construction costs.) There have been some contingencies and issues that have lowered the price from the initial offering, and the buyer eventually removed all contingencies. Approx. 6 days before close, I notice the hot tub spa leaking, and notified all parties, have provided documented support of my proactive approach to remedy, but are in a position where the buyer continues to require us to spend more money and more importantly time, than what is required to record and close (which was supposed to be 5 days ago). As the selling consumer, I feel that both the buyer and his representing agent have abused their positions. More over, because the agent's broker, and my broker did not insist on a different representative, I feel our position (and sellers rights) have been manipulated and abuse in this process. please advise.
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 45 minutes by:
3/2/2016
Real Estate Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,890
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California, and a member of the California Association of Realtors. Please permit me to assist.

1. There is no conflict of interest or unlawful representation concerning the buyer and his agent, because the agent's fiduciary duties run to the buyer, not to you.

2. The typical California Association of Realtors purchase agreement (RPA) does not require that you repair any defects in the property which occur during the course of the escrow. The buyer has the option to cancel the transaction, as do you, as the seller, unless you can come to terms on the final sales price and any repairs that you may agree upon.

3. Real estate agents are highly disposed to try to hold the transaction together, and in my experience they will say anything in order to do so, since their commission is dependent upon a successful close of escrow. You must not permit yourself to be manipulated. If you cannot get your price for the property, then cancel the deal and find another buyer. It's really just that simple. If the buyer wants their earnest money returned, you can demand mediation/arbitration, or simply refuse, and let the escrow agency file an interpleader action in Superior Court to determine who gets what from the buyer's money.

4. Alternatively, you can simply lower the price until the buyer accepts -- but, by doing so, your leverage is lost, so I find this to be a suboptimal negotiating technique.

5. The bot***** *****ne is that you have to play hardball. If the buyer wants the property, then they will accept it, even if the spa is leaking. And, if not, then they won't, and you'll have to find another buyer.

I realize it's difficult to "divorce" yourself from a property that you have owned for many years, but this is a business deal, and there's no room to be annoyed by anything except the money. Decide how much you're willing to accept for the property, make your demand, and if the buyer refuses to come to the table, then cancel the deal and move on.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: socrateaser, Lawyer replied 2 years ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,890
39,890 Satisfied Customers
Experience: Attorney and Real Estate broker -- Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Are real estate investors allowed to contact list pendens
Are real estate investors allowed to contact list pendens recipients? If not, who is? Is there any legal way to conduct a purchase of the property without breaking any contact law? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I think I became a victim of real estate fraud. Not yet.
Hi, I think I became a victim of real estate fraud … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,110 satisfied customers
A landlord signed the attached agreement with a real estate
A landlord signed the attached agreement with a real estate to rent a few apartments. The landlord has his own listing on streeteasy that state by owner no fee. a secondary real estate contacted the o… read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
Have a small real estate transaction for a small commercial
Have a small real estate transaction for a small commercial property in Lorain, Ohio. Presently renting this facility to tenant that now wishes to purchase. It is on its own parcel and is adjoining a … read more
Michael Gonzalez
Michael Gonzalez
JD
580 satisfied customers
I think a person failed to be honest in a real estate
I think a person failed to be honest in a real estate situation … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My parents have closed on a new construction, with an escrow
Good morning. My parents have closed on a new construction, with an escrow holdback. The condition being when the home is completed the escrow will be released. The builder is now refusing to complete… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can an attorney in local govenemnt sponsor real estate
Can an attorney in local govenemnt sponsor real estate agents as if he was a real estate broker? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
Real Estate What are the odds that a home sells better if it
Real Estate What are the odds that a home sells better if it is empty except for a few staged items ...like a picture or 2 and some bathroom towels? What else would you suggest?… read more
Michael
Michael
Research Librarian
Bachelor\u0027s Degree
117 satisfied customers
Is it legal to purchase commercial real estate with just a
Is it legal to purchase commercial real estate with just a closing attorney? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is it feasible to operate a legal firm and a real estate
Is it feasible to operate a legal firm and a real estate business as DBAs under an Umbrella LLC. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,968 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
This is a real estate issue. We are the sellers of a home.
This is a real estate issue. We are the sellers of a home. Our next door neighbor's propane tank is encroaching on our property by two ft. The neighbor has verbally agreed to have it relocated but it … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,110 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a real estate question. I have an escrow being tied
this is a real estate question. I have an escrow being tied up due to a property that was loan denied. per sellers lawyer they feel I breached contract due to time frame. Both the broker & my real est… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x