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Breach of Contract on Real Estate?

Hemet, CA |

My partner and I signed a contract to take over a mortgage. It states we are to refinance at our first opportunity. We were never put on title so it would have had to be a purchase. They were upside down and were going to walk away from the home. We paid for over 3 years with no opportunity to do a purchase or a refi. Now my partner has died and I was told I need to close this deal. I said I could do it by December 1st and now am being evicted because they are selling the property. they have a lawyer and I do not.

I guess what I need to know it worth it to try to save the house and stay in it? Or is there a way to go for a monetary value for breach of contract. I would also have pain and suffering for other issues connected to this issue. If anyone reasonable can help me out I would appreciate it. Or at least help to let me know which direction I should be heading.

Attorney Answers 4


You have not asked a question, despite your question mark. You need to consult an attorney to determine what legal or equitable rights you may have in the property. Good luck.

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Wasn't sure what exactly you are asking. I agree with attorney Daymude you need to hire an attorney. You mention they are represented which puts you in a disadvantage. So level the playing field and seek consultation so at least you know what you would be up against. Good luck.

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First, the question of whether or not you should fight to buy the property. I see no value in doing so. If the property is over-encumbered, then you're paying too much for the home unless it is a short-sale. Your post doesn't mention that you can do so. Second, in terms of pursuing the current owners for pain and suffering, you should know that their breach of the contract to sell you the home, assuming that there is an enforceable contract to begin with, is just that - breach of contract. There are no "tort" type damages available for breach of contract. I would suggest just walking away from the deal as being bad, and move on to bigger and better things. Also, I'm not sure when it happened, but my condolences on the loss of your partner.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California

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David Lawrence Gibbs

David Lawrence Gibbs


Sorry - one add-on to the response. The monetary value of breach of contract in a case such as this is likely to be nominal, to nothing if the "deal" you struck was to buy an over-encumbered house. I hope this helps.



the home is no longer over encumbered....I paid the mortgage for over 3 years until the value came back. Now they are selling it out from under me for a profit. I was in the hospital for a month and they came to visit me. They know I had a nervous breakdown and just lost my partner. So they are causing me further stress. As for the contract I have it states I have to refi at the first opportunity which I have only had recently. they gave me 4 days from the time I got out of the hospital. Doesn't seem quite fair. The letter I received said they wanted to allow me to buy the home because again they were going to walk away. I believe it was the lawyer who convinced them to sell it out from under me when I would have had it in my name by December first. Hope the additional info helps


Mike is correct you need an in-depth consultation

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