Legal Question in Real Estate Law in Pennsylvania

Money held in escrow for septic

in 02 I sold my mothers' home. The septic was private and did not pass. We set up $30K in escrow. Township supposed to make septic available in future. No go as of this date. Home owners have been, we believe, bleeding this account. They have admitted they are good friends with the owner of the septic pumping company. We're being asked to okay bills of $1500/yr to pump. 1) what can we do? 2) how long can this money sit there? At this rate there will be none left, which was supposed to come to us.


Asked on 6/07/09, 9:08 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Money held in escrow for septic

There should have been an escrow agreement that spelled out the responsibilities and rights of each party.

Often, an escrow to take care of an issue with the property should be resolved by the seller. Such an escrow usually is money held out of the seller's proceeds of sale.

If your septic system did not pass a test, you might have taken steps to correct it so that it would pass. The escrow money may or may not have been used for that purpose, and any funds remaining in escrow should have been released to you.

The township has no responsibility to take care of this situation.

If you do nothing, the buyers probably had a right to use the money in escrow so that they would have a working septic system.

All of this should have been covered in the escrow agreement.

You should consult with a local real estate lawyer to help you finally resolve the issue.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/08/09, 11:58 am


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