Questions and Professional Answers

• lease option to buy/ forfiting the contract

  I have a signed and notorized lease option to buy and I'm using my option to buy and trying to buy the house and we are in escrow right now and the owner says that he doesn't want to sale the house and says that he wants to just lease it . Can he just void the lease option to buy even when I'm buying the house like I said I would in the lease option to buy.

  • Re: lease option to buy/ forfiting the contract

    You might want to consult with an attorney. It sounds like the "seller" might be forced to sell despite his reluctance to do so since you had a contract and presumably met all of the terms contained in the option.

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

  • Re: lease option to buy/ forfiting the contract

    Mr. Cohen is correct. Sometimes the contracts provide for the losing side having to pay the winning side's attorney fees and other costs. Go through the contract word by word, listing what is good for you, good for them, unclear, needs explaining, etc. A lease option in which the person is not allowed to buy the property is not a lease option, but merely a lease. Point out to him that with the market going down he may not be able for several years to get a much as you are paying and since part of the rent was designated as being credit against the eventual sales price, the owner must pay you that sum back immediately if he takes the position there is no enforceable lease.

    George Shers
    Law Offices of Georges H. Shers
    4170 Glenwood Terrace, Suite #1
    Union City, CA 94587

  • Re: lease option to buy/ forfiting the contract

    While I agree with the previous answers, I think someone should point out that an option to buy real estate is not necessarily a privilege to tie it up while you search for financing. Depending upon the language of the option portion of your lease-option contract, you may have been required to be "ready, willing and able" to complete the transaction on or before the option exercise date or the option expiration date. It could be that merely saying, "Yeah, I wanna buy" on the last day is insufficient to bind the owner to sell to you. A serious doubt about your ability to fund the purchase could very well be enough to release the grantor of the option from his duty to sell.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• lease option

  my landlords attorney is telling me my option on my lease is not valid because its too vague and lacks detail which makes unenforcable. is this true? the lease option only says that its for a 5yr option with details to be agreed apon at that time.

  • Re: lease option

    We would need to review the lease to see if the option was enforceable. If it is, a Declaratory Relief action would probably be filed. Pleaes contact us if you have any more questions.

    Larry Rothman
    Larry Rothman & Associates
    1 CITY BOULEVARD WEST, SUITE 850
    Orange, CA 92868

• Lease with an option to purchase

  I entered into an option to sell my house. Option agreement was signed and the cash for the value of the option was exchanged. Option agreement states that buyer is solely responsible for obtaining financing. Failure to purchase the house means that the buyer is loosing the option paymenent. Subsequent to signing of the option agreement the buyer realized that he will not be able to obtain necessary financing and requested the option moneys back. Do they have any rights to this cash? Option agreement refers to a lease agreement which was to be signed at the same time. We have never entered into the lease agreement due to buyer's change of position. Option agreement states that: ''in the event a conflict arises between the terms and conditions of the Lease Agreement and the Option to Purchase Agreement, the Option to Purchase Agreement shall control''. Please let me know whether the buyer has any right to the money they paid me for the option.

  • Re: Lease with an option to purchase

    It's impossible to give an opinion on a written agreement without seeing the entire agreement. The question I would ask first though: How much money is at stake and is it worth fighting over?

    Brian Blum
    Blum Law Office, PLC
    2501 N. Hayden Rd., Suite 101
    Scottsdale, AZ 85257

• breaking tenants lease

  my mother died and owns homes that are being rented. we need to sell homes to settle estate. can we break lease?

  • Re: breaking tenants lease

    Did you go through probate? Who leased the homes to the people that are in there now? Did your mother lease them? If the lease period has expired, and a month to month tenancy has been created, you can have the tenants move by giving them the proper notice, assuming that you are in probate.Very truly yours,

    Anthony Roach
    Law Office of Anthony A. Roach
    18553 Clark Street #105
    Tarzana, CA 91356-3439

  • Re: breaking tenants lease

    Death of the landlord does not terminate a lease. The leases of the homes remain in effect. The successor owner(s) (heirs) become the new landlord(s). The leases cannot lawfully be terminated unless there is another ground to do so, such as a tenant's material breach of the lease terms, or (occasionally) the lease itself will contain a provision that it terminates upon sale of the property or the landlord's death, but this is rare.You are of course not prohibited from selling the houses to settle the estate, but you will have to sell them as tenant-occupied income property, and subject to the existing leases. This happens all the time, as witness the number of apartment buildings listed for sale by investor-owners.Another possibility is to wait until the leases expire; then you can sell them as vacant houses suitable for occupancy by the buyer. This might be a good strategy given the current poor state of the residential housing market in much of California - you'll have income to offset expenses in the short run, and later on you can list and sell the houses in what will hopefully be a stronger market.In any event, be sure you're following all probate laws and rules in handling the estate, and since you are also thrust into the capacity of "landlords pro tem" you might want to buy a self-help (Nolo, etc.) book on how to be a landlord.I should perhaps add that the death of a tenant terminates a month-to-month tenancy as of the last day of the last month in which the tenant paid rent while alive, but there is no similar rule for rental termination upon the landlord's death.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

  • Re: breaking tenants lease

    There may be some practical, expedient things you can do in this situation Feel free to call or email.

    Daniel Harrison
    Berger Harrison, APC
    2700 Pacific Coast Hwy., Suite 200
    Newport Beach, CA 92663

• Lease/ Option to previous owner

  I have purchased a property and put a tenant (previous owner) on a lease with an option to buy. Lease Option was recorded. In the contract it clearly states, that if tenant buyers misses payments for 90 days an Option will go away. Well, it's going to be 90 days in October. My dilema is, because Lease Option is recorded, according to Title company we would need to get cancellation from the tenant, to get a clear title. Since the tenant (former owner) is not expected to cooperate, what is the best way of removing Lease Option from Title.

  • Re: Lease/ Option to previous owner

    You will need to file a quiet title action in the court.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

  • Re: Lease/ Option to previous owner

    A quiet title action would probably have to be filed if the tenant fails comply with any term of the option. If the tenant does not pay rent, an eviction action can be filed even though the tenant has a right to purchase the property. We would need to review the entire lease option and any other paperwork to help you. We handle cases throughout California and can discuss your situation by phone after reviewing any faxes to us.

    Larry Rothman
    Larry Rothman & Associates
    1 CITY BOULEVARD WEST, SUITE 850
    Orange, CA 92868

• Lease Option

  I have a lease option with a large corporation. I sent a letter to exercise my option (regular mail, no return receipt requested). The landlord claims they did not recieve the letter. My lease gives me no longer than 240 days and no less than 180 days to exercise option. I sent the letter 254 days before the expiration of the lease. The landlord informs me on the 179 day that my option is cancelled.Am I stuck?

  • Re: Lease Option

    Yes, unless you can prove mailing .

    David Slater
    David P. Slater, Esq.
    5154 Windsor Parke Dr.
    Boca Raton, FL 33496

• Lease with Option to buy and divorce

  My husband and I signed a Lease with an option to buy. We are divorcing. He cheated on me and is emotionally abusive. I requested the landlord remove my name from the lease, and he refused. My husband is living in the property, making payments, and planning on following through with the lease and option to purchase, how do I get my name off this lease? Can it be done during divorce procedures. We are filling a summary dissolution of divorce.

  • Re: Lease with Option to buy and divorce

    The landlord has a contract. If you signed that contract, there is nothing that a court in a divorce can do to change that fact since the landlord is not a party to your divorce. Unless the landlord is willing to allow your spouse to take over the contract alone, you would remain obligated on that debt in the event of default.

    Maury Beaulier612.240.8005
    Minnesota Lawyers
    5775 Wayzata Blvd., Ste 700
    St. Louis Park, MN 55416

• breech of lease

  My family and I signed a 4 yr. lease w/ a 5th yr. option. Now the owner wants her house back and is breeching the lease. She wants us to move and doesn't want to compensate us for anything. Doesn't she have to pay us for breeching the lease for the duration of the lease? We still would have 3 more years according to the lease with an option to stay on the 5th yr. Can she do this with no conquences?

  • Re: breech of lease

    If you are in the middle of the lease term and the owner (aka landlord, if this is a lease) wants to terminate the lease and evict you (for whatever reason), then unless there is a legally valid reason to terminate the lease, the landlord would be breaching the lease. You simply continue to pay rent. If the landlord wants to regain possession, the landlord must evict you. In such a case, your defense is that you are entitled to possession per the lease. Make sure you continue to pay the rent timely, even if she refuses it.Good luck. ***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

    JOHN GUERRINI
    THE GUERRINI LAW FIRM - COLLECTION LAWYERS
    750 EAST GREEN STREET SUITE 200
    Pasadena, CA 91101

• Rights regarding purchase option.

  I am a Tenant that is 8 years into a 10 year lease. I have an option in my lease to purchase the property. The sale price is based on a commercial appraisel ( which I had done) and will soon submit, in writing, my desire to execise this option. However, due to falling housing prices, my Landlord is no longer willing to sell at appraised value. I am ready to legally pursue my option but wanted an idea of how much of a leg do I have to stand on? The lease paragraph goes into specifics regarding the option that are to lengthy to list. I guess my question is can my Landlord be legally forced to sell under the conditions of the lease?

  • Re: Rights regarding purchase option.

    More information is needed. Specifically, I would need to read the exact language in the lease to determine whether there are any conditions under the option.Mike.

    Michael Markowitz
    Michael A. Markowitz, PC
    1553 Broadway
    Hewlett, NY 11557

  • Re: Rights regarding purchase option.

    It would be highly advisable to have an experienced attorney review the contract. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.GordonLaw Offices of STEVEN J. CZIK, P.C. 101 Avenue of the Americas, 15th Floor New York, New York 10013 212.413.4462 czik@ovedlaw.comThe information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.Category: Criminal Law

    Steven Czik
    Law Offices of STEVEN J. CZIK, P.C.
    101 Avenue of the Americas, 15th Floor
    New York, NY 10013

• Real Estate/Contract Law

  I signed a real estate lease with an option to purchase. In signing the lease I was lead to believe that the lessor/grantor owned the property as stated in the lease and option to purchase. I now find out that they do not own property and that they have in fact sub-leased the property to me with an option to purchase. And that the mortgage on the property was past due and is possibly subject to foreclosure. Can this lease and option be voided on the basis that the agreement was entered into by acts of fraud and misrepresentation in order to have my option to purchase fee refunded

  • Re: Real Estate/Contract Law

    Yes. You should consult an attorney for the best way to go about this, what other causes of action you may have, and to advise you further if your lessor refuses to comply.

    Robert Thompson
    J. Robert Thompson Attorney
    309 Sycamore St.
    Decatur, GA 30030

  • Re: Real Estate/Contract Law

    Not only fraud and misrepresentation, but also the lack of the grantor's legal capacity to transder title. Consult with a local attorney.

    Charles W. Field
    Charles W. Field, Attorney at Law
    911 Duluth Hwy., Ste. D-3211
    Lawrenceville (north Atlanta), GA 30043