Legal Question in Real Estate Law in California

We (buyers) recently cancelled escrow due to the physical inspection of the property. Escrow company is attempting to charge us for HOA documents we never requested nor authorized as we didn't sign escrow instructions. HOA document fees were to be paid by seller but we were told ONLY if escrow closes (this isn't written anywhere). Can escrow company use our deposit to pay for HOA documents if we did not sign escrow instructions and are we responsible to pay for these fees because we cancelled the escrow?


Asked on 9/29/14, 5:04 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You post is inconsistent. Buyers are always required to sign escrow instructions to open an escrow. You would have had to have an open escrow to try and cancel it. Cancelling an escrow that is opened by one party does not make any sense.

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Answered on 9/29/14, 5:41 pm


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