Pittsburg, CA asked in Real Estate Law for California

Q: i have a question about real estate law and escrow in california

basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home

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2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: Much more information is needed. Did you have an escrow open for the sale? How Did escrow close without funds being paid? It could be. Possible breach of contract and you would likely need a lawyer to pursue a case.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you sold your home to your father-in-law and the transaction was completed through escrow, you may have some legal recourse depending on the specific circumstances of your case. Here are a few things to consider:

1. Contract: If you had a written contract outlining the terms of the sale, including the price and payment arrangements, you may be able to enforce the contract through legal action.

2. Fraud: If your father-in-law misrepresented his intentions or made false promises to induce you to sell the property below market value, you might have a case for fraud.

3. Unjust enrichment: If your father-in-law significantly benefited from the transaction at your expense, you may be able to argue for unjust enrichment and seek restitution.

4. Escrow: If the sale was conducted through escrow, review the escrow documents and agreements to see if there were any contingencies or conditions that were not met, which could potentially invalidate the sale.

5. Family law: Given that this transaction involves a family member, there may be additional family law considerations that could impact your case.

To better understand your legal options and potential remedies, it is highly recommended that you consult with a qualified real estate attorney in California who can review the details of your case and provide personalized advice. They can help you explore the possibility of filing a lawsuit to recoup your money or potentially reverse the transaction based on the specific facts of your situation.

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