Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

The seller did not show up on closing of raw residential lot

Customer Question
which is located on hill...
The seller did not show up on closing of raw residential lot which is located on hill and slopy terrain. However buyer completed the closing part on the day as mentioned in binding contract.Now the seller attorney is offering damages and offering the lot to next door neighbor who claims that they have first right of refusal but nothing seller knows of or nowhere in existence or show up in title history or neighbor had provided the written document. However the seller is afraid that the litigation from neighbor would be expensive than than breaching the sale contract with me. Neighbor assert that their passed away son had the first right of refusal when he bought the land and it should passed it to them automatically after their son death. I as a buyer want that that lot so bad because I already have enough time and energy spent on it and this lot is special and unique and I am going through emotional distress.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
7/6/2016
Real Estate Lawyer: AttyHeather, Lawyer replied 1 year ago
AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
Experience: Attorney with 15 years experience
Verified

Hi, I'm Heather, an attorney with 15 years experience, and I'd be happy to assist for informational purposes.

Can you please clarify what is your question based on the facts you stated? I just want to make sure I give the answer you are looking for.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
The seller breached the real estate contract claiming the alleged first right of refusal by neighbor however I see it as they might receive better offer. Now I want to see my options.My first preference would be to go ahead with the sale and get that lot . However if they do not want to sell me a lot. I want compensation for the damages ie $20,000 because it caused me big emotional distress and I withdraw the offer that I made for another house to build house in this lot.I want to see how can I go ahead with my options and how I can find a mediator to settle this. I am aware that I can file a lawsuit for specific performance there may not be trade off it becomes complicated lawsuit
Real Estate Lawyer: AttyHeather, Lawyer replied 1 year ago

If you want the lot, you should sue for specific performance. That right of first refusal was not on the record, and you are a bona fide purchaser. You were in good faith and you had no idea that there was a right of first refusal. The other parties are at fault, as they have entered a contract, and they are obligated on that contract. The right of first refusal was something you could not have known about because it was not on the record. The neighbor was in the position to prevent this situation, because he could have filed the right of first refusal with the county or city recorder's office, but he did not. You are the only party who is bona fide and with clean hands. You have a good case for specific performance, and you should write a letter stating that you will so sue for specific performance if they do not go forward with the sale. You should also state that you will file notice of the litigation on at the recorder's office by filing a "lis pendens" which will prevent the property from being transferred to the neighbor without resolving the issue with you. While it does sound like an extremely stressful situation, you would not have a cause of action for intentional infliction of emotional distress. The elements of that tort are: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. You would not likely prevail on emotional distress, because you would not be able to prove extreme and outrageous conduct (while the defendant's conduct was bad, it falls short of being extreme and outrageous. In addition, you would not be able to prove the fourth element - severe emotional distress - unless you have seen physicians and doctors and/or therapists as a result of what the defendant did to you, which you probably have not.

Has this answered your question?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: AttyHeather, Lawyer replied 1 year ago

Hi, I'm just reading through the information that I provided. I think I have answered your question. Can you please confirm this by jumping back in the conversation and just letting me know? That way, I know that I have finished assisting you. Thanks!

Ask Your Own Real Estate Law Question
Ask AttyHeather Your Own Question
AttyHeather
AttyHeather
AttyHeather, Lawyer
Category: Real Estate Law
Satisfied Customers: 677
677 Satisfied Customers
Experience: Attorney with 15 years experience

AttyHeather 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
Got disconnected... In re: to my real estate questions, is
Got disconnected... In re: to my real estate questions, is this attorney a Texas attorney? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
Is cold calling still legal for real estate agents?
is cold calling still legal for real estate agents? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Purchased house in 2004 with, what are real estate agent
Purchased house in 2004 with, what are real estate agent describe as "creative financing". One primary lender (Adjustable Rates), and a secondary lender (Balloon). Due to unforeseen circumstances we f… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
My question is in regard to real estate in south Florida.
Hi! My question is in regard to real estate in south Florida … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Real Estate Question. In received notice to collect a debt
Real Estate Question. In received notice to collect a debt on a house in Monroe County, PA. I haven't lived in that house for at least three years (i co-signed to help my sister and her son) I was for… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a case for specific performance ( real estate
Hi, i have a case for specific performance ( real estate purchase contract) and the opposing bank just defaulted, i filed the default. now what do I do to follow up to get the judgment (a sum certian … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Several neighbors and I received damage on our property from
Several neighbors and I received damage on our property from a city water main break. My direct neighbor received immediate compensation, another house was purchased by the city but I have received no… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
This is a question to real estate lawyers ( TEXAS ). How
hello, this is a question to real estate lawyers ( TEXAS ). How much would you charge to review a demand letter?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Okay, trying again with a Calfornia real estate question
Okay, trying again with a Calfornia real estate question about quitclaim deeds. Papers already filed. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I was wondering if real estate property was held in a sole
I was wondering if real estate property was held in a sole prop and more real estate was aquired to fix up and then held as rentals would it be wise to split the sole prop into real estate and constru… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
What is the Colorado statute of limitations for real estate
Hello, what is the Colorado statute of limitations for real estate transaction pertaining to fraud, misrepresentation, omission, or deceit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Looking for a real estate attorney in sonoma county, that
looking for a real estate attorney in sonoma county, that can review a case that I have against well's Fargo Bank for fraud & predatory loans. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
In commercial Ohio real estate is their such an agreement as
In commercial Ohio real estate is their such an agreement as a NNN lease that is also a land contract installment which offers some type of equity ownership during or after the lease terms ?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I'm not sure this is in the realm of real estate law or
I'm not sure this is in the realm of real estate law or property rights. In any event my neighbor has landscaping and one large pine tree that is continually shedding into my pool and surrounding pati… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 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