Real Estate Potential Legal Claims Against the Seller Memorandum
In the world of this assignment, you are an attorney who represents the character played by Pryor
(Arlo Pear). He, along with his family, just arrived at their newly purchased home in a different
state and he is hopping mad. He calls you and wants to sue the Seller for money damages.
The client requests that you identify any and all civil claims he may have against the Seller.
Please also identify the specific court in which you would file the civil lawsuit. In addition,
identify any and all damages the client may have and how those damages would be classified.
For the purposes of this assignment, the Purchase Agreement executed between Buyer and
Seller excluded all personal property from the sale of the real property. Also, San Diego
County is both the location of the subject real property and the venue where the contract was
executed.
The assignment has (3) components:
1. Spotting the potential legal issues by watching the movie clip
2. Researching the potential legal issues
a. Researching cases / common law from textbook
b. Researching statutory laws / rules from textbook
c. Your research does not need to expound beyond that of the textbook
3. Drafting your memo to the client
a. In drafting your memo, please remember to fully articulate each potential legal
claim using the IRAC format: (1) Identify the legal issue; 2) state the applicable
Rule (law); 3) Apply the law to the facts of the case; 4) state a Conclusion).
b. Please also remember to use correct citation for every case or statutory law you
use in your memo.
c. Identify all potential legal issues that the client would expect you to address. Therefore, even if it’s a losing argument or an invalid claim, you will need to inform your client as to why its not an actionable civil claim.
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