Legal Question in Real Estate Law in California

Escrow Deposit Refunded

I was purchasing a house through Coldwell Banker. Coldwell

Banker ask for a deposit of $1,000 to pass onto the escrow

company. Coldwell Banker chose the escrow company and the

company was shutdown by the Riverside DA office. The check

was written to Coldwell Banker. It has been over 1 year

since I cancelled the purchasing the house. I still do not

have my deposit returned. I filed a small claims and will

appear in court on January 26. All I have is a copy of the

contract for the house and the cashed checked that was

cashed by the escrow company, not Coldwell Banker. Any

suggestions to help me win my case when I appear. What are

my chances of winning?

Thank you in advance for your help.

--name removed--


Asked on 1/10/01, 11:59 am

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

Re: Escrow Deposit Refunded

You might win in small claims if you served Coldwell Banker properly. You should tell the judge that Coldwell Banker was negligent when they chose that particular escrow company and that they breached their duties to you. If you don't win you might ask the DA's office if you qualify for any victim restitution programs. Sometimes people who are victims of crime including white-collar scams can get restitution through the courts. Don't count on it but maybe worth a try.

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Answered on 1/26/01, 8:03 am


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