Alameda, CA asked in Real Estate Law for California

Q: I recently purchased a home which included a single story garage and extra high carport designed for boats/large trucks

at the back of the property. There was a full gate across the back allowing egress from the parking area of the building at my property's back. I was told that there was an informal agreement.There were 3 pictures on Zillow, showing the open gate to the other property's driveway. The ad stated it was good for boat parking and truck repair.The day I moved in, we heard construction at the back, and there was a fence totally blocking egress. After the sale, the seller's realtor came to me in tears, saying he had forgotten a document the seller had given him,stating that there would be no more egress after the sale of the property.He offered me return of commission, and at that time I did not agree to anything. He is again offering to refund his commission ($20,000).Too much, not enough? It definitely affects my usage, and future sale value. It is impossible to use the carport if you are towing a boat or trailer as you have to make a tight left then a right turn, as it is at the opposite

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1 Lawyer Answer
Manuel Alzamora Juarez
Manuel Alzamora Juarez
  • Berkeley, CA
  • Licensed in California

A: If you can still access your garage from the front then all you are suffering is just a loss of convenience and time. The egress is not part of your property description. It is to be seen if there was an easement, highly doubtful as it may be. The realtor is offering his commission of $20,000.00 , that is a lot of money, I would take it. Best of luck.

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