Breach of Contract on Real Estate?

Asked 10 months ago - 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.

Additional information

I guess what I need to know is....is 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)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more
  2. Pardis Patrick Ashouri

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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.

    In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor... more
  3. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Mike is correct you need an in-depth consultation

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. David Lawrence Gibbs

    Contributor Level 10

    Answered . 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
    gibbslaw.com

    *Due to the limitations of the Avvo.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding... more

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