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2 year right of recission Calif CC 1695.13 & 1695.14

Posted by Frank on April 23, 2003 at 4:40 PM

I have been buying foreclosures on the Calif. South Coast Tri-county area the last 3 years and am a licensed Ca re broker acting as a principal at the sales. I fix the properties and resell. Lately the competition at the sales makes the bidders go up to 90 % of Fair Market Value which takes the fun and the financial reward away.

I'm looking into the pre-foreclosure business, have read a lot about it and do understand forms and 5 day recission rights etc.etc.

My main concern here is the 2 year right of recission by the seller (in distress?)as per Calif CC 1695.13 & 1695.14 if unconscionable advantage has been taken by the EP investor
Even legislature has not further defined unconscionable, is this 70 or 80% of fair market value?? In this litigues society we live in I'm worried about the possible exposure to lawsuits. I have also noticed that the professional players are not doing any pre-foreclosure deals.

I do understand you can not give me any legal advice, however I would appreciate to hear your opinion on this subject.

Thanks in advance, Frank


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