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What happens if there is an inconsistency in a real estate contract? Does it go to the Buyer or Sellers favor?

On November 4, 2009 / By Real Estate Law Help / In Real-Estate-Contracts / No Comments

I was the winning bidder on a home through an auction and the contract which I signed has an inconsistency.
Due to my circumstances changing I am considering walking away from the deal, but want to figure out my liability.
One the first page of the contract at the top it states
"See attached addendum C Terms & Conditions of Sale" BUT right under that in the General Terms & Conditions section there is a sentence that states:
"If payment of the balance of the purchase price does not take place within the specified period the deposit will be forfeited and the property will be resold at the risk and expense of the defaulting purchaser"
YET IN ADDENDUM C UNDER THE DEFAULT SECTION it says
"In the event the purchaser fails to close on or before the closing date, the Deposit may be retained by the Sellers as liquidated damages. The Sellers are not required to accept any back-up bid nor are they obligated to negotiate with any back-up bidder."
Which one is correct?
If my loss is limited to just the deposit I will walk away, but I see inconsistency and ambiguous statements to what happens if I walk away.

Lost deposit + difference. Another place just lost deposit

I signed a real estate contract and now I want cancel?

On November 4, 2009 / By Real Estate Law Help / In Real-Estate-Contracts / No Comments

I had a my home for sale and I accepted an offer. Now I have sellers remorse I want to cancel it. I told my realtor about it and she said I could get sued for her commission (5%). Also the buyers can take legal action. The buyers already did an inspection. I am willing to give them the money for the inspection but I am afraid that my realtor will sue me. Can she really sue me? What should I do?
Thanks!
Can I talk to the buyers and explaint to them my situation or it is ilegal to talk to them?

California has a flipped house law , where can I get more info. on it and when it went into effect?

On November 4, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / No Comments

My family and I were buying a house in California. The real estate agent was selling us a flipped house. Took our money and then said the house had been flipped and we couldnt get a loan. I just need more information on this flip it law.

how long does it take to get settle check once real estate lawyers & agents are paid?

On November 3, 2009 / By Real Estate Law Help / In Real-Estate-Lawyers / 4 Comments

that was a settlement check, sorry.

Paralegal information?

On November 3, 2009 / By Real Estate Law Help / In Real-Estate-Law-Firms / No Comments

I am thinking about doing the paralegal program at my college. Does anyone know from experience the specific job duties and salary?
I was looking at information online and some law firms pay more for paralegals with experience in real estate. (I am going to have my real estate license next month)

is it a good job?

Would this be real estate fraud and would it be a criminal case or a civil case?

On November 1, 2009 / By Real Estate Law Help / In Real-Estate-Attorneys / 1 Comment

We are purchasing a house (owner carry) from a man who said he has an owner carry contract with the legal owner so it is a sublease. The legal owner after 2 months is telling us that he (the man who sold us the house) does not have any legal ties to this house and was only the caregiver. We are still in the house and spent thousands of dollars remodeling the house because the condition that it was in was not livable. The legal owner is threatening us and saying that we are trespassing. The man still claims he has a legal contract with the owner but has yet to produce it. We also have a legal contract with him, pictures of before and after, receipts and many witnesses. We have an appointment with an attorney next week but I am unsure if we should be getting out of this house now since we now are being told that there may not be a legal contract between the legal owner and the man who sold it to us. We also gave him money as a down payment. Can we press criminal charges? Wouldn’t this be theft? What should we do now? I cannot continue to wait for the police to remove us or could they?

help with a simple Real Estate Homework question that I can’t find an answer to?

On October 31, 2009 / By Real Estate Law Help / In Real-Estate-Property-Law / 3 Comments

The listing agreement must be signed by the seller in order to satisfy which law?
a. The statue of frauds
b. The agency disclosure laws
c. The property transfer disclosure laws
d. The real estate license law

I think it’s B but not sure

how much money does lawyers make a year?

On October 31, 2009 / By Real Estate Law Help / In Real-Estate-Lawyers / 3 Comments

ii want to be either an child support, personal injury, divorce, real estate, labor, or entertainment lawyer and ii want to know how much they make

ky laws concerning heirs to real estate property?

On October 29, 2009 / By Real Estate Law Help / In Real-Estate-Property-Law / 2 Comments

3 1/2 sisters involved property purchased after divorce from their mother, my mother has been paying the tax on it for 21 years, now the other 3 want to sell it and get their share i disagree where they haven’t paid anything

My neighbor lost her condominium to foreclosure. The lender’s people broke into my condominium. What recourse?

On October 29, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 10 Comments

I live in San Jose, California.

The lender sent some low life thugs to clear out all of my neighbor’s possessions.

Instead the lender’s thugs broke into my condominium.

I told them they were on the wrong property. But they threatened me and told me the lender had told them to take all of the personal belongings and dump them.

I called the San Jose Police on the phone. The people at the police department said that the lender had the right to do that and warned me not to interfere with them.

I could not make them understand that these thugs were on the wrong property and my condominium is not the one that was foreclosed. The condominium next door to mine is the one that was foreclosed.

The San Jose Police would not even sent a Police Officer out to check to see if these thugs we legitimate or just criminals breaking into my home.

These thugs took all of my furniture appliances, clothes, family pictures that go back over 30 years and some items that my children had made over 30 years ago that have great sentimental value to me, but have no monetary value.

These thugs had no identification and would not even tell me who the lender is or give me any contact information for the lender.

I did check with a title company to find out who the lender is that owns my neighbor’s condominium.

It turns out the lender is out of state. The telephone numbers that the title company had for the lender have been disconnected.

The only working number that the title company had for the lender goes to the sales people for the lender who tried to sell me a mortgage.

My condominium is completely paid off. I do not have a mortgage. If I did want a mortgage these thugs a re the last people that I would get a mortgage from.

What recourse do I have to get my furniture, appliances, clothes and all of my personal property replaced?

What recourse do I have against these thugs who broke into my home and threatened me?

I asked this question yesterday in the law and ethics section, but the responses that I got were rather disappointing.

I am hoping that the real estate people might have some better suggestions than the "legal eagles" in the Law and Ethics section.

To not you 311

I did call the Police.

They would not respond because they said the lender had the right to do that.

To Pureor lady:

I tried to call the lender but all of their telephones have been disconnected except the number to the salespeople who would not help me after I told them I did not want a loan.

I suspect that is the reason that this lender appears to be almost out of business.

To Smart A$$:

I called the Police Department directly instead of calling 911.

That was probably my big mistake.

In hindsight I agree, I sould have called 911 instead of calling the Police Department Directly.
To Denverlmc:

Thank you. Yes I did get their license plate although when they saw me writing down their license plate number they became very angry and threatened me some more.