Can we hold seller (sellers agent & title) for rate lock for listing a home where Trustee papers were not signed

Question

We are in escrow and the ‘seller’ (and sellers agent and title) did not disclose that the house was under a trust and the ‘seller’ was not listed.  He had a certificate of trust which Title and his realtor knew was not valid.  They still executed our offer and allowed him to sign as a seller.  The Trust issue is not yet resolved, they gave him options how to move forward, but now we have to pay a $2000 rate lock (maybe 2 rate locks) to complete this transaction.  I feel they are all liable and committed fraud because he should not have been allowed to list the house and sign documents as the’ seller’.  He does not want to pay.

Anthony M. Avery · Answer

Hire a competent CA attorney to search the title and sue the grantors for breach of warranty of title.

James L. Arrasmith · Answer

I'm sorry to hear you're facing this situation. It sounds frustrating and complicated, especially with the trust issues and unexpected rate lock costs. 
 
In cases where important disclosures are missing or misleading information is provided during a real estate transaction, you may have grounds to address potential breaches or fraud. Holding the seller, their agent, and the title company accountable could involve reviewing the contracts and communications to identify any misrepresentations or omissions. 
 
It's important to consult with a qualified real estate attorney who can evaluate the specifics of your case and guide you on the best course of action. They can help determine if you have a valid claim and assist in protecting your interests throughout the resolution process.

Q: Can we hold seller (sellers agent & title) for rate lock for listing a home where Trustee papers were not signed