The Ryan Firm Wins The Unwinnable Case, Again!

It is not all “banking and investor litigation” at The Ryan Firm. We represent ordinary people as well. In this particular instance, a Dr. and his wife, who agreed to an “all-cash offer” to sell their home (under significant pressure from their real estate agent), had a near immediate change of heart and wanted to get out of the deal. They were referred to The Ryan Firm by a colleague and we scoured the purchase contract for a way to get out of the deal. Ultimately, we found a way to cancel the contract, but it was an uphill road to defend the cancellation if the buyers sued. Of course, the buyers sued for damages and specific performance, and compelled arbitration. We knew that we had to find another angle to support our clients’ cancellation through the discovery process. During discovery we found out that the buyers needed to borrow $250,000 to close the “all-cash” deal, that one of the bank account statements used to show proof of funds was from a bank statement unrelated to the buyers, and that the actual funds in the buyers’ accounts were significantly less than the amounts shown in the proof of funds. Even though the buyers’ money was wired to escrow timely, and was still in escrow at the time of the arbitration, we were able to convince the arbitrator that the Dr. and his wife were fraudulently induced into entering into the contract, and even though the buyers performed, “No one can take advantage of his own wrong.” (C.C. 3517) The arbitrator entered judgment in favor of our clients. They get to stay in their home, AND the other side was ordered to pay our clients’ attorney’s fees! As Sir Winston Churchill once said, “Never, never, never give up!” We win the hard cases, and we win the easy ones too. Let us help you.