If my house was sold in a short sale and my portion was invested without my consent, what are my rights in retrieving my funds?
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If my house was sold in a short sale and my portion was invested without my consent, what are my rights in retrieving my funds?
The individual who assisted me keeps giving me the run around about paying me my portion. I have documentation that he owes me with no
signature of consent to him investing the money in another property. It’s been a year since the sale and I would like to know my rights of how
to get my money.
Asked on August 7, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You sue that person for the money he owes you. You would sue him based on several different grounds:
1) Breach of contract: if you and he had an agreement as to what would be done with the money and he violated it.
2) Fraud: if you believe he lied to you about what he would do.
3) Theft: it is theft to take or keep someone else's money (technically, it would be "conversion"--theft when you keep/do not return money which was initially entrusted to you, but which was not yours).
The law doesn't let someone else keep your money without your consent, but the only way to get your money back is by a lawsuit. Ideally, you should hire an attorney to help you, though you are allowed to bring the lawsuit on your own ("pro se").
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