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County issued resolution warding me the right to buy RE, but now refuses to convey. How can I persuade the County to perform?

Bridgeport, CA |

After signing County's contract that lacked CA disclosures and entering into escrow I discovered that the title is encumbered with several liens including a long term lease, which among other things was not disclosed. Under “Representations and Warranties” it says (sic)...“Seller has not entered into and will not enter into any lease agreement or contract, or executed any grant or transfer, with respect to the use or ownership of the Property.” – The closing was delayed during County’ efforts to clean the title but than due to no fault of my own I had to leave the country do to a family catastrophe, during which, the County now alleges, they send me a rescission notice which I should but did not receive. When I returned, I've sent the "full and final payment" but County now doesn't want

to sell. The NOTICE section of the contract reads (sic)... “All notices shall be deemed given or delivered: (a) if sent by mail, when received by the party to be notified; or (b) if delivered by hand, courier service or Express Mail, when delivered.” I 'never" receive such notice. Thus, I contend rescission did not take place (in my absence) and my "Full and Final" payment, which month ago I made via cashers check, should be accepted. Am I correct? The Board just met and decide they now County wants to use the property and do not wan to sell the property to me, despite original Resolution which did not specify time to complete transfer. The County counsel says that Resolution doesn't matter as the (faulty) contract became only thing important after it was signed. - But is the contract that state things inconsisten with the truth and lacks legal disclosures "unconscionable" and would argument that it is be helpful?

Attorney Answers 3

Posted

I do not understand why you really want to purchase real estate encumbered by several liens. Why are you sending "full and final payment"?

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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3 comments

Asker

Posted

(1) The price is right , (2) liens got removed , (3) property has upside potential.

Albert Lee Crosner

Albert Lee Crosner

Posted

Sounds like you should contact a real estate attorney up your way in Mono County that is also strong in Contracts and Agreements law. I wish I knew of one to refer you to. You may want to check out avvo's forum for a real estate attorney in your area. Go to find attorney and type in real estate and then a city in your county. Best of luck.

Asker

Posted

I live 5mi away form MB and the question is based on the CA contract law. Do you have any thoughts as to the possible "angle of attack" or not?

Posted

If you want a definitive answer, you will need to retain a lawyer to examine the relevant documents, correspondence and facts, then provide an opinion concerning your rights and obligations.

There is no way to provide the required analysis based solely on the limited summary of the facts that Avvo lets you provide.

This information does not constitute legal advice and does not establish an attorney-client relationship.

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Posted

The way I see it, best case scenario, you are going to end up in a protracted lawsuit with a government. Worse case scenario, is it is a protracted lawsuit with a government, you had a family catastrophe, paid lots of money, and you are not going to get the property.

Contact a lawyer ASAP!!!

Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 www.smallclaimsappeals.com Adam@AdamJayJaffe.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

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