Legal Question in Real Estate Law in California

Seeking civil penalty in civ. code 1057.3

I'm the buyer who deposited an amt in escrow. I submitted a letter to escrow on Sept 3rd to cancel the transaction and refund my deposit. I was entitled to funds for i cancelled within contract provisions. Escrow issued the cancellation instructions to buyer and seller on Sept 7th directing us both to sign to refund the deposit. I sign this form. Seller doesnt sign and gives no good faith reason as to why he is not signing cancellation instructions. Buyer agent and seller agent go back and forth with seller's agent promising that seller will eventually sign cancellation. Buyer submits a letter to escrow on Sept 23rd to forward to seller ''demanding'' he signs the cancellation to release funds. Seller finally signs cancellation on October 12th to release funds. I want to take seller to small claims and seek the $1000 civil penalty for letting all this time pass & not signing cancellation with no good faith reason; howver civ code 1057.3b specifically states seller has 30 days after a ''written demand'' to release funds. My question: What letter would constitute the written demand? The letter buyer submitted to escrow on Sept 3rd, the letter escrow issued to buyer and seller on Sept 7th, or the letter from buyer to seller on Sept 23rd?


Asked on 10/14/04, 11:32 am

1 Answer from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Seeking civil penalty in civ. code 1057.3

small claims? I can't believe I even blinked... Anyway, no that is too trivial in my opinion, the damages are like $279 or something. Don't waste your time. Let go...

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Answered on 10/15/04, 4:36 am


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