Asked by monstertaco, Oakland, CA • Tue Oct 30, 2012
First time buyers, we signed the title over a week ago and provided our funds. The seller is haggling one of the debts attached to the property that is his responsibility. Meanwhile we are in limbo, and are now being charged $200 a day. Today we were told we may not have closure until next Tuesday, so another week and about $1800 in fees due to his negligence. The title Co as well as the sellers agent are trying all they can to move this along, but there is not a whole lot they can do.
Now, assuming all goes through, we would like to take legal action to reclaim our monies that we are being charged because of the sellers actions. Does this go through small claims court? We have plenty of documentation showing neglect on his side through the entire ordeal (he accepted our initial offer in July, then countered. It's been a while). The seller is also in another state, we can file the suit through Alameda Co, correct?
Could this be quite expensive on our side?
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