parcel/land split problem

What is the name of your state? California
Hi. My husband and I made an offer on a home back in November and the offer was accepted and we gave a $3000 deposit on the home. The home sits on a lot with another home yet we are only buying one home. The seller has supposedly been working with an engineer to get a land split done but we have gotten no where. Seller is now trying to back out of the deal claiming she cannot slpit the lots b/c she cannot prove there are 2 legal parcels. We are suspicious that she just wants to instead sell the whole lot with both houses as one sale since the other home is in poor condition and has no offers. On our own WE have found what I bbelieve to be all the legal proof we need, including certified copies of the grant deeds which include legal descriptions of 2 seperate parcels. Our realtor is not supporting us as he wants to find us another house ASAP but we want this house. What more do we need to prove that this is simply a boundry adjustment? If seller backs out, do we lose our $3000? What legal recourse do we have? We really want to fight for this house? Thanks!
P.S.***Our purchase contracts states that escrow is to close on or before March 13 which is rapidly approaching. Somehow we need to wrap this up. Also..can we insist that a new engineer take over since this one hired by the seller has gotten no where and done no work other than shuffel papers?

[HomeGuru]

Originally posted by steph70
What is the name of your state? California
Hi. My husband and I made an offer on a home back in November and the offer was accepted and we gave a $3000 deposit on the home. The home sits on a lot with another home yet we are only buying one home. The seller has supposedly been working with an engineer to get a land split done but we have gotten no where. Seller is now trying to back out of the deal claiming she cannot slpit the lots b/c she cannot prove there are 2 legal parcels. We are suspicious that she just wants to instead sell the whole lot with both houses as one sale since the other home is in poor condition and has no offers. On our own WE have found what I bbelieve to be all the legal proof we need, including certified copies of the grant deeds which include legal descriptions of 2 seperate parcels. Our realtor is not supporting us as he wants to find us another house ASAP but we want this house. What more do we need to prove that this is simply a boundry adjustment? If seller backs out, do we lose our $3000? What legal recourse do we have? We really want to fight for this house? Thanks!

**A: hire a real estate attorney to review your contract, then send them a reminder letter to follow the time lines and closing date. Threaten to sue for specific performance.
P.S.***Our purchase contracts states that escrow is to close on or before March 13 which is rapidly approaching. Somehow we need to wrap this up. Also..can we insist that a new engineer take over since this one hired by the seller has gotten no where and done no work other than shuffel papers?

Thnak you for the advice. I did find an attorney and plan to retain him to see me thru this. He says there is no reason why we cant buy the place, that the seller must show proof that she "can't" split the land.....which I dont think she can do. Attorney also thinks she must have gotten a better offer and is reaching for problems to get out of her agreement with us. I hope this dosent go on for months and months**************..

[HomeGuru]

Ok, good luck and let us know what happens.

Update: I called the zoning dept. and they checked and the owners had never had anything done (boundry adjstments, land split) done and recorded officially. They said unless I could show them a grant deed before the year 1972 to the home, they could not issue a certificate of compliance. Bottom line? I'm over it. I called escrow and told them to send me escrow cancellation papers. HUsband actually called the seller and told her she needs to do a little research before sticking her home up for sale next time (both homes she has taken off the market). FYI...land splits take 1 1/2 years and apx. $50,000 to do according to zoning dept. Thanks for your advice, I am back to house hunting but glad I know I can come here again for help.

[HomeGuru]

Ok, thanks for the update and happy house hunting.