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Valid real property claim? Real property Rights?


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#1 onlyupheldlawswork

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Posted 13 April 2013 - 12:58 PM

This is a situation that has taken place in California.

It involves duall representation by the Broker of ****. I agreed to the duall representation.

 

Being in possession of a signed California Purchase agreement. An acceptance of my offer, signed by assistant Vice President of ****. A loan approval for the  mortgage from ****, in writing for ``the Property".  

Real Property meaning Real Estate, do the documents listed above afford me any Real Property Claim or Real Property rights which I could enforce through the Superior Court in a suit to require/mandate the other person who offered cash and was sold the property despite my position, under contract, in purchasing the property, to sell the property to me? Breach of Contract, Negligence, Breach of Fiduciary Duty, Fraud against broker have been sued for with me as the prevailing party. I want the property. 

 

Thank you in advance for your help.


Edited by FindLaw_AHK, 17 May 2013 - 09:52 AM.
This post has been edited to remove personal or identifying information. -Moderator


#2 Tax_Counsel

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Posted 13 April 2013 - 09:59 PM

...do the documents listed above afford me any Real Property Claim or Real Property rights which I could enforce through the Superior Court in a suit to require/mandate the other person who offered cash and was sold the property despite my position, under contract, in purchasing the property, to sell the property to me?

 

No. All those documents were part of your deal to buy the property from the seller. Only those parties had any obligation to you, assuming that the documents resulted in enforceable contracts. The successful purchaser had no obligation to you as you had no contract with him. Moreover, none of those documents gave you an interest in the real property. They simply obligated the parties involved to carry out the promises they made in those contracts. The seller had the obligation to sell to you if the two of you entered into a binding agreement for the purchase of the real estate. If the seller sold the property to some other bona fide purchaser prior to closing on the deal with you, he breached the contract and is liable for you for any money damages suffered. But that won't undo the sale he made to the bona fide purchaser nor will obligate that purchaser to sell it to you. If you want it, make an offer to the current owner to buy it. If he doesn't want to sell, however, the courts will not force him to do so.



#3 onlyupheldlawswork

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Posted 14 April 2013 - 09:46 AM

Thank you for your response.






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