Legal Question in Real Estate Law in Illinois

This is a follow-up to the 2 questions below. I don't believe we are represented now by a lawyer. My lawyer at closing was the one who suggested my husband to talk to the buyer personally after she communicated with the other party's lawyer. She is charging us if she does more services. We were told during closing that if the water test pass, the escrow will be released. Now that I'm reading the contract, it can be interpreted in different ways. This is what the contract says:

"...in references to the issue of the well/septic system not passing the total coliform (bacteria, but not ecoli) contained therein hereby agree to withhold the sum of $3,000 in the escrow of the seller's atty, until such time as the total coliform contained in the well/septic system is cleared. Additionally, seller agrees solely responsible for any and all testing performed by the company and all repairs to the well/septic system. Finally, seller agrees to provide drinkable water to the buyers at his sole expense."

The second testing passed the total coliform test. I really don't know why our lawyer is waiting for the buyer's permission to release the money. There is nothing in the contract about that. It is just $3,000 that will help us a lot, but at the same time, I don't think is worth going to court for. But we don't want to lose it just because the buyer wants a second testing done after a year and our lawyer does not want to deal with it. What if something happens to the well in between that time? It will cost us more? The test passed, so the well is fine now. Please help. It's a well system. It needs maintenance and we lived there for seven years without any problems.

Thank you all so much.


Asked on 6/18/10, 10:59 am

1 Answer from Attorneys

There was nothing in the contract concerning a second test. If your attorney also signed this agreement you should send him a letter advising him that he is violating the escrow agreement by denying you the funds at this time. If he did not sign anything, the custom is to hold the funds until there is a release from each party. If you want your funds now it sounds to me that you need to file a small claims case.

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Answered on 6/18/10, 2:05 pm


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