Posted by Bill H on March 09, 2009 at 16:24:31:
I have no idea where you are going with this potential lawsuit. From your posts it sounds to me like you are trying to get something that you want that is not in the agreement.
Whats it worth to the Jury - Posted by John B
Posted by John B on March 08, 2009 at 03:20:21:
I have a real estate agreement that my attorney put together for me and it is maturing next month, Three years ago when I set it up, it was worth 500k, today I estimate its value at half that, I believe the other party easily has the financial means to pay off this agreement upon its due date, BUT its appears he may choose to be sued instead. My question is, In the event of a suit being filed, would this matter go before a jury or would a judge decide it and what can I do to get the best end result.
Jury trials are expensive and take longer - Posted by Rich-CA
Posted by Rich-CA on March 08, 2009 at 07:23:43:
Many cases are heard before a judge only. Even in the case of biased judges, you will often get a fairer hearing than with a jury. HOWEVER, if you sue the other party, the other party decides if they want a jury trial not you.
Either side can request jury - Posted by John Merchant
Posted by John Merchant on March 08, 2009 at 18:49:15:
I used to try the occasional traffic citation before a lawyer who was a part-time municipal judge.
He and I had some nasty tangles relating to our mutual law business (usually a nasty divorce) so I figured I was no great favorite of his.
But I knew from hearing him rave and rant that he disliked the city PD and their traffic citations even less so I never asked for a jury in his court.
The guy always ruled for me so I had a great RBI record in his court.
Then with one case I had, I got nervous and aaked for a jury like all the other lawyers did…and that was the only case I ever lost in that court. 
Re: Jury trials are expensive and take longer - Posted by John B
Posted by John B on March 08, 2009 at 16:17:35:
Let me complicate this matter a little further, My contract requires I be GIVEN bare property that was originally valued at the before mentioned amount. In the event of a suit am I suing for the property, the money or is it my choice. Would the value be based on 3 years ago or today.
If he wanted to choose one - Posted by Rich-CA
Posted by Rich-CA on March 08, 2009 at 20:57:16:
I doubt he’d ask the question. I was focused solely on things outside of his control. That would be whatever the other guy does.
Re: Jury trials are expensive and take longer - Posted by Bill H
Posted by Bill H on March 08, 2009 at 21:21:36:
Property, Money or Choice?
What does your agreement say?
Re: Jury trials are expensive and take longer - Posted by John B
Posted by John B on March 09, 2009 at 06:18:50:
Okay, thats clear enouugh, I should expect the property be given to me. I expect a timeline would be imposed, what are the possibilities. This property has income capability as well, is it posible to recieve this at the time of judgement as well.
Your suit’d request “spec. perf” - Posted by John Merchant
Posted by John Merchant on March 09, 2009 at 08:40:01:
Your lawyer would sue for "specific performance
asking the court to order and compel whatever deeds or other conveyance docs you might be entitled to.
This is very common and normal pleading in a RE suit and court ordered deeds are everyday docs.
Real issue for you is interpretation of your agreement detailig your rights.
Re: Jury trials are expensive and take longer - Posted by Bill H
Posted by Bill H on March 09, 2009 at 08:37:39:
Whatever you get, at a jury or judge trial, will depend on what the agreement says and what the judge/jury decides.
You say, you expect the property to be given to you…fine, then it is yours, complete with leins and assessments, etc, to do with as you wish.
Timeline…do not understand this.
Possibilities…depends on what agreement says and what the judge/jury decides.
Why do you think you will have to sue? Is there animositiy between the two of you. An adversarial or adverse relationship? Or, do you just think the value has gone down and he may want to give up less?
I’d try and work out something prior to going to court. Maybe he wants out and you have three years of income and profit, so why not negotiate?
Good Luck,
Bill H
Re: Jury trials are expensive and take longer - Posted by John B
Posted by John B on March 09, 2009 at 11:48:28:
I do have my attorney on this matter, I am just educating myself on the opinions of where I might be going with this deal. The buyer and I do not have a bad relationship, However he has recently indicated resistance to me about this upcomming performance. The term of the contract reads as follows; In the event buyer (him) has been unable to obtain the subdivision approval (he has not and not likely he will)by May 1, 2009, Buyer shall subdivide the premises and deed a parcel to seller (me) whose boundaries shall commence (followed by description) Within this boundary is a home producing $900 per month.
I have good reason to believe he is a very wealthy man, but I also believe as he is pushed towards performance he will do his best to avoid his responsibility.