Irvine, CA asked in Real Estate Law for California

Q: What happen if seller signs a purchase agreement with a second buyer when has not cancelled the 1st buyer's agreement?

the agent is same for the first buyer. Agent informed the that 1st buyer informed him via text that they need to backup. Agent did not get any cancellation docs signed. On the same day another buyer sent an offer and a contract was signed with them. Now the 1st buyer wants to continue and the sellers chose the first buyer. The second buyer is threatning that they are filing a law suite against the sellers and the agent. Can the second buyer can file a lawsuite? The escrow was not opened for them. Just the purchase agreement was signed. Since the first buyer's agreement was never cancelled in written document, is the second contract is valid?

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Sounds like you have an overeager agent. Tell the agent that he created the mess, and he needs to straighten it out or he will be paying for your defense on a lawsuit and for damages. If this does not resolve it, you need to file an action to quiet title and for damages against the agent for professional negligence. Get a real property attorney.

Justia disclaimers below, incorporated herein.

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.