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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116715
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I purchased a fabricated home last June, you own the home &

Customer Question

I purchased a fabricated home last June, you own the home & property. I also had a 433 to go with purchase of property, funds were pulled from my escrow. The escrow office failed to make the proper document changes for a 433 to be completed. Been almost 10 months and escrow office have still not made the changes on title of home for 433 to move forward. What are my options? were do I stand?
Thank you,
Alexandra Tabata
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have satisfied the terms of the purchase and the company was supposed to file the form 433 for the title/deed and have not done so yet, they are in breach of contract with you. The first step is to send them a letter and inform the office they are in breach of contract for failure to provide the 433 and file it as agreed upon. Tell them if they fail to cure their breach you would have no choice but to file suit for breach of contract and seek attorney's fees as well for their willful and malicious breach of the contract in failure to properly file the 433.
Give them 30 days to file.
If they do not file, then your final option is you must get an attorney and file suit against them in the superior court for breach of contract and also seek attorney's fees since they are willfully refusing to complete the form without good cause.

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