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

Related Topics:
1 Lawyer Answer
Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.