Hi Chris,
I ended printing out a Memorandum of Contract and taking it to the San Diego County Recorders office , only to find out that San Diego county does not provision/recognize the specified document.
I requested to see the listing agreement from the agent and even called her broker and they never got back to me nor did I see the listing agreement.
The seller called the same day I went to the County Recorders office and said he DID want to sell the property to me. I set up an appointment with him for the next day and when I arrived he said that his real estate agent told him not to talk to me anymore.
My next step was to talk to an attorney acquaintance of mine and he suggested I send the seller a 'demand letter' stating that we had an enforceable contract and to follow through with the deal or a ' Lis Pendens' would be filed.
After a few days of the letter being sent out, my attorney received a letter back from the sellers attorney stating that I should back off and that the contract was not enforceable because supposedly the seller was not in "capacity" to enter into a contract at the time of signing. In which statements are completely untrue.
I decided to wash my hands with this deal and focus on the prize of what is coming. I was spending too much time on a deal gone sour , when it could be time spent talking to sellers and doing more marketing to find more deals.
I have another property I am looking at right now and the seller is motivated since he has destructive tenants, but other than that is seems a bit slow probably because of the holidays.
Thank you for your interest.
Luis