Legal Question in Real Estate Law in New York

Buyer releasing to release escrow

At buyers request I transfered title to my home on 5/31/07- Had a possession agreement drawn up allowing me to stay and rent my sold home until new home was ready. Vacated old home on 6/15/07- $1700 of my money sitting in escrow with my attorney. Buyers attorney will not release the funds, no reasoning as to why. Demand letter sent 7/9/07. No response. What should I do to get my money?


Asked on 7/18/07, 12:15 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Buyer releasing to release escrow

Without seeing the possession agreement, this is hard to answer. If you are entitled to any return of the escrow and it has not been returned, you can send a demand letter by certified mail, return receipot requested, demanding an accounting and return of the funds, and later, or now, sue in small claims court.

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Answered on 7/18/07, 1:08 pm
Miriam Jacobson Retired from practice of law

Re: Buyer releasing to release escrow

I am going to assume that your meant "Buyer refusing to release escrow".

Since it is your attorney holding the escrow, have you asked her or him what to do next? A lawyer holding an escrow cannot release it unless both parties agree in writing, but, hopefully, there was an escrow agreement that spelled out what both parties had agreed to.

The lawyer would be able to assist you in enforcing the release of the escrow, but you will have to have a legal basis for seeking the release, such as that's what the escrow agreement called for.

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Answered on 7/19/07, 5:03 pm
Miriam Jacobson Retired from practice of law

Re: Buyer releasing to release escrow

P. S. I did not realize until after I answered you question that it was about NY law.

I am not licensed in NY, and do not give advice about NY law.

What I answered at first relates to PA or NJ matters.

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Answered on 7/19/07, 5:06 pm


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