Prior to this we went to mediation.

mediation

Everything in the contract seems like a regular sale and it wasn't an REO.By law apparently both parties must first go to mediation.

@Georges Arnaout - I ended up negotiating with the seller and he re-mediated the mold through a company.

I know that California's Law is that a landlord and tenant would have to go to mediation and then to small claims with an amount not to exceed $7,000 (if it's less someone please correct me).

You can only be an impartial mediator for so long.  

(drains clogged, water backing up into the garage and garage door kicked in and a broken door frame, several shingles uprooted from high winds, smoke damage in the living area). the seller agreed to fix the drains and leaking pipesor the first 1000.00 worth of damage. let me know if i am still being foolish, my realtor has told me that we were out of contract, and i should have no trouble getting me earnest money back, however i must go to early mediation to do it. i am confused and scared a little now?!?!

When I cannot mediate a situation like this I would suggest the downstairs tenant get the police involved and create a paper trail especially if there is harassment by the upstairs tenant.

I'm not a Social worker or a mediator.

The court mediator asked if he had the rent, when he said no it was over.