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REAL ESTATE?

Beverly Hills, CA |

My mom died in 1989 I was 18 , she left no will , so my older sibling was anxious to sell the family home with me having no where to go . I was never away from home or mom ! They forced me into selling ! At time of title search the Realtor discovered I was the only one on title . So I was sole owner , signing when I was just a kid . They harassed me like no other ! I gave in and the relator automatically split monies 4 ways ! Was he suppose to ? Or was all the selling money mines ? Can I go back and sue the relator ? Who was at fault ? Where was my then child voice ?

Attorney Answers 4

Posted

I will agree with my colleagues BUT if there are elements of FRAUD , no statute of limitation will apply. There are variables you need to explore. Under what authority or power the broker stole your money? Who hired him? Conditions of sale .
You really need to explore beyond the simple statutes of limitation.
You need to put your papers together and hire an attorney expert in fraud to explore your options based to fraud.

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5 comments

Asker

Posted

Broker never stole money, he just divided it between me and my siblings when the title stated I was the sole owner of house!

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

The broker collected the money on your behalf as the seller and divided between u and your brothers. Broker knew YOU are the owner ! Why he divided the money to all of you? You gave him the permission to do that?

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

If u did not give him the permission to distribute your money to your brothers HE is liable to you! You can argue that the broker Defrauded YOU, STOLE your money and took advantage of your innocence lack of experience in life + you trusted him and he gave YOUR money to your brothers!

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

Actually is the escrow company that pay out the money and your broker. You need to explore you distributed your money from the transaction that was the sale of your house.

Asker

Posted

I was told I had to divided with by relator! Yes was young and kew nothing! he actually made us sign anew titles and put our all names on it without my permission. i did a recent title search online and it came up my sister as owner. But if you go to recorder's office it is soley my name as owner!

Posted

Your post does not indicate the year when the house was sold, but presumably it was many many years ago. If your mother did not have a will, then most likely her estate should have gone through probate. It is not possible to ascertain whether you can still make any claims now after a long passage of time.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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3 lawyers agree

Posted

Any claim you might have had against anyone, under the facts you have alleged, is long since barred by the applicable statute of limitations if you were 18 in 1989 when the house was sold.

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3 lawyers agree

Posted

Unfortunately, I agree with Mr. Daymude. There are times when a statute of limitations will toll (or not start running) until you discover (or should discover) that you have a claim. In this situation, it sounds like you knew that you were the only one on title (perhaps via joint tenancy?) and you knew that you only got 25% of the proceeds. That doesn't sound right. While we can't be sure you ever had a valid claim, it's probably safe to say that you were on notice that something was up. For that reason, the clock probably started running (on your claims) at or near the time of sale. Most claims would have expired three or four years later. It is possible that you still have a claim - but from what you've posted - it's not likely.

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2 comments

Asker

Posted

I was 18 knew NOTHING! DIDNOT EVEN KNOW I WAS OWNER OR ON TITLE TIL RELATOR TOLD ME.

Athina Karamanlis Powers

Athina Karamanlis Powers

Posted

Fraud is a complicated issue thus I will be careful dismissing the criminal aspect

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