Legal Question in Real Estate Law in California

Escrow closing

I just purchased a house. Escrow was supposed to close June 29. Due to title issues which the seller failed to clear up, it will not close until July @ or maybe later. I have workers lined up to begin work on the house on July 1, that was the ate I was promised possesion. The seller is refusing to give me possesion until escrow closes. Do I have any remedy? I do not want to cancel the sale.


Asked on 6/29/07, 2:33 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Escrow closing

If the seller won't cooperate, and the seller was contractually bound to close and give you possession by 6/29, then that is a breach of contract and you can sue for damages in small claims court (or Superior Court, if your loss warrants). You need to check your purchase agreement to see if you checked the arbitration or mediation boxes, and if so, follow those processes first. I would wait until after the closing before making waves over this issue. I would also try to mitigate damages by telling the contractor to postpose all efforts on your project until further notice, at least to the extent possible. You can't collect contract damages you could have avoided by making a reasonable effort to do so.

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Answered on 6/29/07, 6:14 pm


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