Real Estate Dispute Results in Favorable Settlement for Gray·Duffy’s Client

May 2011

Overview

Barry D. Brown of Gray·Duffy’s Redwood City office obtained a favorable settlement after the defendants improperly cancelled their purchase of the subject property from the firm’s client.  Following the filing of a complaint against the buyers, the buyers agreed to pay Gray·Duffy’s client the amount of $63,000.

Discussion

In December 2010, the potential buyers, Travel King, Inc., Chao Ming Tu and Mei Ling Ma, entered into sales negotiations with the plaintiff, Ms. Caulley, and signed various documents for the purchase of her commercial condominium unit in Burlingame, California.  The agreement included an Option to Purchase, a Sales Agreement and a Lease Agreement.  After the documents were finalized, the buyers made a number of excuses and cancelled the sales transaction.

Thereafter, in December 2010 and early January 2011, Gray·Duffy attorney, Mr. Brown, conducted negotiations with the buyers’ initial attorney, who indicated that his clients were no longer communicating with him.  Mr. Brown initially made an $83,000 settlement demand and the buyers had responded with a $20,000 settlement offer, to which Mr. Brown countered with a $63,000 demand.

As the buyers were no longer negotiating, Gray·Duffy had no option but to file a lawsuit, naming the buyers as defendants.  The lawsuit was filed and served in February 2011.  Almost immediately, the buyers new attorney inquired if Ms. Caulley was willing to continue settlement discussions.  Settlement discussions continued and Gray·Duffy ultimately prevailed upon the buyers to pay Ms. Caulley the full sum of $63,000.  That amount was paid and the complaint has been dismissed.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.