Hi Scott,
sorry to hear about your situation. Based on what you've said, it sounds like you definately have a case. Most CA RE transactions specify arbitration as that will result in the least cost to both parties to settle the dispute.
Small claims court is definately the fastest way to get this resolved and you can pursue another home in the mean time. By the way, you should also contact the escrow office to ensure you will be getting back any good faith funds you may have put down.
A little tactic you can use, which usually works better when money is tied up in escrow, is to keep the property IN ESCROW, until the matter is resolved. Once a property is in escrow, it can't go into another escrow until it has been released. Basically you can tie up the property in escrow and prevent the seller from selling to anyone else until the matter is resolved. However, it sounds like they're going to rent it out.
Bottom Line: There are MANY MANY fantastic properties in San Diego right now that you can pick up at a great discount. I'd file in small claims court- you can use Legal Zoom
http://(www.legalzoom.com) as an inexpensive legal service for this- and just move on to another property!
Best of luck,
Andrew Paul, CMPS
Superior Mortgage
- Wed Jun 4 2008, 21:08