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I am wondering if aa person not on sales contract can force…

Customer Question
I am wondering if...

I am wondering if aa person not on sales contract can force arbitration

Lawyer's Assistant: Where is the property located?

Oakland ca

Lawyer's Assistant: Has any paperwork been filed?

Yes and i was not served

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

Yes it is the husband

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/28/2017
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,543
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

Normally only a party can sue to enforce a contract; a party that is named in the contract; however, there is a CA civil code exception which does allow a third party beneficiary to sue to enforce the contract; this would be the person is to benefit from the contract; so for example if Jane buys a car for Joe and the car breaks down, Joe can sue on the contract.

1559.

A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.

(Enacted 1872.)

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Customer reply replied 9 months ago
is that a yes the husband can do this even though it was purchased as her sole property
Real Estate Lawyer: legalgems, Arbitrator replied 9 months ago

If the husband did not sign, nor is a beneficiary of the contract, then the husband would not have "standing" to sue on the contract.

Only the parties that signed the contract, or the beneficiary of the contract, may sue.

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