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

Related Topics:
3 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
  • 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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

There are some legal theories that under them you may be able to rescind the agreement and take your money back:

1. Breach of contract: when one party does not keep their promise under the contact.

2. Fraud or misrepresentation: when there is untruthfulness about a material fact with fraudulent intention to make the other person relied on that, and the aggrieved party actually and reasonably relied on this lie to enter into the transaction.

3. Unilateral Mistake: when the aggrieved party is mistaken about a material fact and the other party was aware of this mistake and took advantage of it in the transaction. (E.g., you did not know the price of the property, but your dad did and took advantage of your lack of knowledge).

4. Undue influence: when aggrieved party relied on the other party and this reliance was justified (e.g., there was a caregiver-dependent relationship), and the aggrieved party is induced to enter into the transaction that he would not if he was not under such an influence, there is Undue influence.

5. Unconscionable agreement: when the agreement is so unfairly and unreasonably one-sided to the benefit of one party, it makes the agreement unconscionable.

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.