Legal Question in Real Estate Law in California

Several of our California homeowners association money order and check fee payments were stolen in transit and cashed AFTER the management company received, signed, and mailed the deposit to our bank. Can the management company refuse to refund the payments to the association if their investigation does not result in a recovery of the funds?


Asked on 5/03/12, 10:43 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The question is probably better asked under a heading other than "Real Estate and Real Property," possibly criminal law, but my guess is that once the management company received, endorsed and re-mailed the checks and money orders, it is responsible for any losses in transit, whether due to crime, accident, or mysterious disappearance. After all, it is they who elected to send them without insurance, had the opportunity to take other precautions, etc.

Read more
Answered on 5/03/12, 11:44 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California