Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

FOR LEGALGEMS Doesn’t the investors outright “refusing” to…

FORCustomerDoesn’t the investors outright “refusing”...
FORCustomerDoesn’t the investors outright “refusing” to pay as agreed, any further, unless as the investor demanded the owner fire the promoter, or for “ANY” reason not outlined in a contract, break his contract whether only verbal or not, anyway? And if so, doesn’t that mean that the owner is then free to take a “portion” of the “percentage” of the proceeds that was promised to this investor and that the investor would have received if he had paid as agreed, and now offer it to a new investor to step in and pay the remaining amounts “successfully” that this first investor “failed” to pay?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
3/21/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,711
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question

It is possible;

"anticipatory repudiation" or "anticipatory breach" is when a party, by words or actions, declares there intent to no longer comply with the terms of the contract - that they intend to breach it.

the problem is that with an oral contract there can be a dispute as to the terms so a party can allege that their conduct/words did not breach their version of the oral contract.

IF there is anticipatory breach the nonbreaching party may choose to:

1. proceed as if there is a breach. Many courts will require notice to the breaching party basically giving the breaching party a right to cure by a certain date or stating the party will be considered in breach and the nonbreaching party will seek their legal remedies and may pursue a replacement party to the contract

2. file for a declaratory judgment- please see here -essentially it is an advisory opinion asking the court the parties' respective rights

3. file for breach of contract and seek damages and injunctions/specific performance:

a. specific performance requires one party to do something specific- to comply with a certain provision of the contract

b. injunction usually precludes a party from taking part in a certain act; so for example, an injunction to not dispose/sell/transfer property pending the litigation's outcome

If an owner takes a percentage that is not set forth in contract that can lead to liability if the investor feels they earned more.

There is a legal doctrine (quantum meruit) which is an equitable remedy that allows a court to award a party "as much as s/he deserves" - so once again it is vague and the court would determine what is appropriate if the contract does not specify.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,711
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
GOOD! THANK YOU ! HERE COMES NEXT Q

Thank you.

Hopefully those links help explain the legal terms as I know how confusing it all can be.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,711
13,711 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Does a land lord have the basis to demand money from me
Does a land lord have the basis to demand money from me after not living on the premises for over 3 months? … read more
Loren
Loren
578 satisfied customers
I have a question. Umm not sure what you are asking. San
I contract waiting for me to sign. I'm desperate to sell my house. So this company offered to to take over the mortgage but I have to remain on it too until they sell it. Can they do that, say they will be responsible for the house and such too. Any of that true?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,358 satisfied customers
If a tent signs a contract with a landscaper and hasn't paid
If a tent signs a contract with a landscaper and hasn't paid the bill can the company go after the owner/landlord for payment or threaten a lean for $1000?… read more
Marc
Marc
Attorney at Law
JD
319 satisfied customers
I own a home in Vero Beach and my sister rents from me. In
I own a home in Vero Beach and my sister rents from me. In 2007 I added her to the deed and she continued to rent from me. 3 years ago she stopped paying the agreed upon amount. In 36 months she had p… read more
socallegalwork
socallegalwork
104 satisfied customers
I have accepted a back-up offer subject to cancellation of
I have accepted a back-up offer subject to cancellation of the current contract. The current buyers were not able meet the close of escrow and I have notified them to cancel the contract, but they ref… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
Seller financing sale of a property A buyer offer to buy
Seller financing sale of a property A buyer offer to buy an real-estate property based on seller financing. The proposed term deal is as follows. The buyer will pay back the seller(full mortgage) in 2… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
An Apartment Complex advertises in multiple venues that they
An Apartment Complex advertises in multiple venues that they will pay a fee or commission to a real estate agent who brings them a qualified applicant who then leases with that property.. The property… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Please review and advise. My mom-in-law house is going to
Please review and advise. My mom-in-law house is going to foreclosure as long story short we can't stop it nor want to as the mom has filed a lis pendes thru influence of brother. My laywer has this c… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Lost my House on a Foreclosure sale when the Bank failed to
Lost my House on a Foreclosure sale when the Bank failed to submitt the the request to postpone the Foreclosure. Had two offer on a short sale agreement with the Bank, However the account manager let … read more
David L
David L
Doctoral Degree
1,604 satisfied customers
two years ago i bought a house (owner finance) situation and
two years ago i bought a house (owner finance) situation and on the contract it states that i am to keep insurance on the house which i did for a year then because i lost my job the insurance lapsed,w… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I purchased a house with a friend in Dec 09 and when we signed
I purchased a house with a friend in Dec '09 and when we signed the mortgage papers we made it a 50-50 ownership. I contributed approximately $150,000.00 toward the downpayment and the other person pu… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have been managing a full service carwash for an absentee
I have been managing a full service carwash for an absentee owner for 8 years. He has told me verbally on numerous occassions that I would have first right of refusal when he decides he wants to sell … read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
I did not get a satisfactory answer to my last question 3 days
I did not get a satisfactory answer to my last question 3 days ago. It was similar to one of my prior questions but not the same situation ) My 5 unit condo must get a floor in common area and roof re… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
California Real Estate Outline 1. Mr. Jones owns several
California Real Estate: Outline 1. Mr. Jones owns several lots A. B. C. D. E. etc. 2. Two Lots A & B were sold utilizing one grant deed to Mr. Smith. 3. Two years later a mortgage investor #One was lo… read more
socrateaser
socrateaser
1,452 satisfied customers
I signed a contract on a owner financed home yesterday morning
I signed a contract on a owner financed home yesterday morning in austin texas... is there anyway to get out of it. The seller is not doing what he promised to do but I didnt get it in writing… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
I fired a contractor that was doing work on my property becauseI
I fired a contractor that was doing work on my property becauseI was unsatisfied with the work and progress. I then hired another contractor to finish the work. I used the insurance money to pay the s… read more
legallysound
legallysound
Attorney
Doctoral Degree
1,324 satisfied customers
Texas Law - After renting a house, and on the day after moved
Texas Law - After renting a house, and on the day after moved in it was found the air conditioner was not opertional in the house and was not checked out by the owner. We had ask the owner prior to mo… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
Good Morning, my question involves real estate. I feel that
Good Morning, my question involves real estate. I feel that I have been a victim of real estate fraud. I entered into an one year home lease agreement three weeks ago. I was under the impression that … read more
N Cal Atty
N Cal Atty
JD
83 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