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Updated almost 6 years ago on . Most recent reply

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Dominic Darrel
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Need advice, perhaps RE Attorney referral in San Diego

Dominic Darrel
Posted

Long story short (I am buyer), I recently found out that the seller & agent have intentionally kept material facts from me. We are supposed to close in two weeks.  After three weeks in escrow and many excuses re: delays in getting the prelim, we get the prelim today and find out that the property has three separate parcels, and one of them has over 200k in leans, and the title co. won't insure the property. In addition, the sellers don't even own one of the parcels!!! It's in someone else's name who is believed to be deceased. After we got the prelim, they sent us some documentation they had which showed they were trying to resolve this a few years back  - which clearly shows that they knew about this all along. 

I believe they were trying to pull a quick one/ manipulate the deal hoping that the title issue would fly under the radar. 

In addition to them recently (today) providing documentation that proves they've known about this for several years, I have gathered even more evidence proving that they knew about this, and didn't disclose. They even lied about this on the sellers disclosure form - signed and dated. 

We haven't yet closed, so I know I can get out of the deal, but I have put thousands of dollars into the deal for inspections, appraisals, etc. Not to mention, I've spend an incredible about of time an energy researching, meeting contractors, etc., etc.

In my scenario, are there any legal actions available to me? Everyone that I've spoke to and that knows the details of the deal agree that the seller and agent acted maliciously and unethically. I want back all of my money that I've put out in addition to compensation for all of the time/ effort that I've put into the deal. I have no intention on letting this corrupt agent and seller ride off into the sunset and attempt to rip off the next guy. 

What are my options? If you're a San Diego based RE Attorney and think I have a case, let me know. 

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