Legal Question in Real Estate Law in Massachusetts

Re: Escrow

In order to understand your question, it is important to determine who has what job.

First: Is the attorney your are discussing the same eprson who handled the CLOSING? If so, that attorney may not actually represent you, but, per the mortgage documents, may represent the Lender.

Second: If the attorney represented you and not the lender, then the scope of the representation is at issue. Did you retain the attorney to litigate or to close a transaction.

Third: For what purpose was the escrow set aside? To pay for septic, to pay for landscaping, or both? If the attorney is the escrow agent for the septic repairs, he is under certain obligations to disburse the funds to pay for the septic repairs.

All of these issues will need to be understood before I can advise you on this matter. The term litigate is thrown around alot but many people do not realize the expenses that are associated with going to court; just filing the complaint and serving the other parties will run several hundred dollars in court costs alone, and counsel generally charge by the hour for construction/land disputes because they are so time consuming.

: Escrow

There are several issues.

Assuming the septic system is now installed, and the funds cover the the restoration of the landscaping, the question is unclear what is going on.

If the issue is of landscaping restoration and its payment.

Your attorney is there for what you retained him. If this attorney feels that the purpose for which s/he was retained is no longer there, then you either negotiate another agreement or find another attorney.

I think you need to clarify exactly where the situation stands, what the dispute is, and what you mean by the failure to litigate?