Legal Question in Real Estate Law in California
They won't refund my escrow deposit
I was in escrow on a house with enreoachment problems. I was
made aware of the encroachment issues but was not made aware
that the neighbor was hostile and would not allow access to the
side of the house that was on her property. When I went to her to
sign the termite release she was hostile and abusive. The week
that escrow was to close the title company told us that they would
not issue a clear title for the property. The seller tried to negotiate
a sale of the encroached property and the neighbor said no, and
she would rent it for 60 dollers a month. I cancelled escrow
because of the title issue and now they want to keep the deposit
for damages and espenses. Do I have an argument???
5 Answers from Attorneys
Re: They won't refund my escrow deposit
Yes, you have an argument. Furthermore, you can tie up the sale of their home until such time as a release is signed by all parties.
Did you ever sign a realease of contingencies?
Re: They won't refund my escrow deposit
Based on the info provided, yes. Call to discuss. 800-685-6950
Re: They won't refund my escrow deposit
Any prudent lawyer would first say you that they would have to read the sales agreement, escrow instructions in any other documentation first. I agree with the prudent lawyer. But the same time without trying to be imprudent I think there's no question that you'll right to all of your deposit back. The see it would be determined that there was an impossibility of performance. It is implied by going through and escrow that any sale would be subject to obtaining full and complete title insurance. More importantly, it probably has that is a contingency in the agreement. If all the Utes say in your question is correct, than the condition of obtaining title insurance cannot be met. Therefore, they should release to you immediately all of the deposit. In addition, there may be other damages that you could seek, don't be greedy, if they refuse to release your deposit. My advice, get a good real estate attorney to "correspond" with them immediately so that you can have the use of your own money. Their problem is not really you but the next-door neighbor who was going to prevent them from selling their house.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: They won't refund my escrow deposit
If clear title was a requirment of the agreement, then you are entitled to a refund.
Joel Selik
Attorney/Broker
DON'T LET THEM GET AWAY
I have other cases just like this. It depends on the escrow instructions, but you probably get the money back after some fierce fighting -- implied conditions and actual conditions to the sale are not met. I fight these types cases -- and I usually win. I take these cases on contingency -- i.e., no recovery, no fee. Contact me.
www.christopherbrainard.com
310-266-4115
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