Legal Question in Real Estate Law in California
I have a legal contract as buyer of real estate property to close with seller on August 25th. Escrow Company is refusing to take my money, saying they need an affidavit from the seller. The seller in turn is saying it will take minimum of a week to get the affidavit from daughter in London. I need to give Escrow my money by this Friday, since closing is Monday. If seller does not turn in the affidavit, and Escrow company refuses to take my money, can I sue both parties for breach of contract. Also I want the contract enforced, and the sale completed by the courts.
3 Answers from Attorneys
Dear anonymous.
People, including lawyers, have been cheated in deals that sound like they are similar to this one. I strongly suggest you hire a lawyer or licensed realtor in your community (Palmdale?) right away to go over this deal with you.
It is not clear from your post what the escrow instructions between you and the seller state, what the affidavit is for, or why paperwork from the seller would prevent a deposit of funds.
Assuming all this is being done in good faith by escrow [a safe bet], escrow is NOT going to close until all escrow's requirements are met. Comply promptly. if serious about hiring counsel for assistance to persuade or pressure others to comply with their requirements, feel free to contact me.
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