anyone familiar with Calif real est. law?

Discussion in 'Law and Justice System' started by LuvRPgrl, Aug 20, 2005.

  1. LuvRPgrl
    Offline

    LuvRPgrl Senior Member

    Joined:
    Aug 11, 2005
    Messages:
    3,163
    Thanks Received:
    206
    Trophy Points:
    48
    Ratings:
    +206
    Im going to run into a legal issue with my biological father, Melvin, and I am wondering how to proceed. Monday Im gonna call some attornies, but I was hoping to get some input from knowledgable members here.

    Thanks, ronK
     
  2. manu1959
    Offline

    manu1959 Left Coast Isolationist

    Joined:
    Oct 28, 2004
    Messages:
    13,761
    Thanks Received:
    1,625
    Trophy Points:
    48
    Location:
    california
    Ratings:
    +1,626
    what is the issue? about to inherit a house in california?
     
  3. LuvRPgrl
    Offline

    LuvRPgrl Senior Member

    Joined:
    Aug 11, 2005
    Messages:
    3,163
    Thanks Received:
    206
    Trophy Points:
    48
    Ratings:
    +206
    Maybe, but that Im not concerned about.

    Melvin owns his home in Torrance. In 92 he bought another house in Torrance "for me". We have kept it in his name for various reasons.

    I made the mortgage payments to him. I paid back the money he paid for the down payment. It was always said and understood, it was my house.

    A few years ago, I convinced him we should borrow against the equity and go two stories. We commenced on that understanding still that it was and will remain my house. Also it was explicitly stated in front of witnesses, more than once, by him, that if we sell the house, after all the liens are paid off, the profits are ALL mine.

    While in the process, he decided it would be best for me to sell the house and buy another to fix up and sell.

    I told him I dont want to sell the house for another year. He said we are selling it soon.

    I want to know what I need to do to stop the sale for about one year, and also what I need to do to make sure I get the profits.
     
  4. manu1959
    Offline

    manu1959 Left Coast Isolationist

    Joined:
    Oct 28, 2004
    Messages:
    13,761
    Thanks Received:
    1,625
    Trophy Points:
    48
    Location:
    california
    Ratings:
    +1,626
    verbal contracts are binding in california....

    will he put what you have agreed to in writting?

    if not get statements from witnesses....if the deed is in his name and not yours it is his house to sell....

    you get to go to court to get an injunction to stop him from selling and to argue about the profits
     
  5. Mr. P
    Offline

    Mr. P Senior Member

    Joined:
    Aug 5, 2004
    Messages:
    11,329
    Thanks Received:
    618
    Trophy Points:
    48
    Location:
    South of the Mason Dixon
    Ratings:
    +620
    I don't know for sure about Ca..or what Manu said about "verbal contracts are binding in California...."
    They are I'm sure in some cases, but as far as I know in real estate, IT MUST BE ON PAPER nationwide for the most part.

    Google it...for Ca.
     
  6. manu1959
    Offline

    manu1959 Left Coast Isolationist

    Joined:
    Oct 28, 2004
    Messages:
    13,761
    Thanks Received:
    1,625
    Trophy Points:
    48
    Location:
    california
    Ratings:
    +1,626
    she is in the double whammy, the contract she has with him is binding as there are witnesses, howvere the house is in his name so it is his to do with as he pleases as well as the profits unless she can get a court to rule her verbal contract is binding....that will take time....in the mean time he will sell those house pocket the cash....which is why i said sit down with him....and ask if we can "write all this down" sign it and get it notarized....and get your name on the deed for gods sake
     
  7. LuvRPgrl
    Offline

    LuvRPgrl Senior Member

    Joined:
    Aug 11, 2005
    Messages:
    3,163
    Thanks Received:
    206
    Trophy Points:
    48
    Ratings:
    +206
    First off, and you arent the first to make this mistake, Im a he, not a she.

    Verbal real estate contracts are not valid, but other contracts are. I do have a number of people willing to testify that he said it, agreed to it, I have a document he drew up, but never signed, stating it.

    I will not be able to get him to sign anything, thats not even an option.

    My goal is to get the sale put on hold, and take him to court for the profits when it is sold. Im also gonna get him to pay my attorney fees, and try to draw it out for about a year while I get everything else in my life organized (we are in the middle of getting my wife here from the philippines and Im almost at the end of a visitation/custody battle with my three little kids mother).

    The one thing I am concerned about, and I will find out tomorrow via an attorney, is that I dont have a contractors license. Im not sure if or how that will affect my putting what is known as a mechanics lien on the house.
     

Share This Page