Breach of Real Estate Purchase Contract Attorney
For over thirty (30) years, real estate attorney Debra Grimaila, Esq. has represented both buyers and sellers in disputes related to the purchase and sale of real property. Since 1989 she has also been a licensed real estate broker, giving her a unique edge that other attorneys do not have in advocating your legal position. CALL NOW! (844) 921-1937
Potential Claims For Breach of Real Estate Purchase Contract.
There are many potential claims connected with a real estate purchase, including fraud, rescission, and breach of contract. For example, if the seller misrepresents or fails to disclose a material factor affecting the property in a real estate sales contract, the buyer may have a claim for fraud. In such a case, the buyer may also seek to rescind the agreement, receiving a return of all the money paid for the property and returning the property back to the seller. Likewise, a real estate purchase agreement includes many terms and conditions for completing the sale. Thus, if a buyer or seller of real property does not satisfy a term of the agreement, for example if the seller fails to provide clear title to the property, or the buyer does not provide the purchase money, that party may be in default under the contract, and the other party may have a legal claim against him for breach of the real estate purchase agreement. On the other hand, if a contingency of the contract is not met by one of the parties to the agreement, that party may be released from his obligations under the contract.
Real estate sales and purchase agreements include several different terms and conditions such as:
- The purchase price
- Allocation of costs of the sale
- The closing date of the sale
- Items to be included, and excluded, from the sale, such as appliances and light fixtures
- The date on which the seller will deliver possession of the property to the buyer
- Who pays for inspections *Disclosure of defects known to the seller
If the person responsible for a specific requirement in the contract fails to perform, that party is in default. If that occurs, the other party can either agree to modify the contract or file a claim for breach of contract.
Call us if you want to know if you have a claim for breach of a real estate purchase agreement. We will discuss your legal issues and help you to evaluate what course of action to take. CALL NOW!!! (844) 921-1937
Resolving the Dispute
When there is a dispute between a buyer and the seller, the process they are required to use to resolve it is identified in the real estate purchase agreement. When forming the contract, the parties choose either arbitration or a lawsuit in Court to have any claims related to the contract decided. The California Association of Realtors form of Residential Purchase Agreement also requires the buyer and seller to first participate in mediation to attempt a settlement of any such claims before resorting to arbitration or Court action. If any of the parties commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party cannot recover his attorneys’ fees if he wins at the arbitration or trial.
NEED HELP? CALL NOW!!!
Attorney Debra Grimaila has a solid background that will help you to resolve your real estate claim with optimal results. She has been a real estate attorney and business attorney for over thirty (30) years, has served as both an arbitrator and as a mediator for the Orange County Superior Court, and has been a licensed real estate broker since 1989. CALL NOW! (844) 921-1937
ORANGE COUNTY BUSINESS LAWYER, P.C. is available to assist individuals and businesses with their business litigation, business transaction, real estate litigation, real estate transaction, and debt collection needs. Our goal is to provide you with cost effective legal solutions.
Get your questions answered. Call Now for a FREE assessment of your needs (844) 921-1937.