Legal Question in Real Estate Law in New Jersey
Lawyer not returning money held in escrow
In 1996 my father sold a house in New Jersey and was told by the buyer's attorney that it needed some repairs and that he would hold some money in escrow. All necessary repairs were made within a couple of months. That attorney has not returned the money and is trying to avoid my father's requests for return. My father has asked the attorney that represented him at the time of sale to help but he has not shown any interest in resolving the matter. I would appreciate any suggestions regarding this matter.
2 Answers from Attorneys
Re: Lawyer not returning money held in escrow
If your previous attorney will not help you, then you need to get another attorney. It is likely that the reason that he/she does not want to get involved is that he/she has been paid to represent you at the closing and feels there is no more money that he will be paid to get involved at this point. Arguably, his/her representation has not ended because this loose end still exists. If he/she was to be paid a flat fee, there is probably a continuing responsibility to complete this matter. Otherwise, you would need to pay him/her to resolve this. Otherwise, you can file suit yourself in order to obtain the money, if you feel capable to do so. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you are not presently represented by an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: Lawyer not returning money held in escrow
I have reviewed Mr. Gleaner's response and agree with it whole heartedly. You should definitely discuss this matter with an attorney or contact the local ethics committee. If you are closer to North Jersey then South Jersey, please call our office at 973-808-2003. Good Luck.
Bernie Berkowitz
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