Legal Question in Business Law in California

Re: Seller refuses to sign Escrow Cancellation

From the facts provided, it appears that the buyer is entitled to a return of the deposit, barring a specific clause in the escrow and/or purchase agreement to the contrary. If the Seller is not cooperating and the escrow company cannot assist, then you may need to hire an attorney to help.

Re: Seller refuses to sign Escrow Cancellation

Borrow money for an attorney or perhaps agree to pay attorney out of escrow deposit. 16192223504.

Re: Seller refuses to sign Escrow Cancellation

Check the sales agreement. Many of the form agreements contain mediation/arbitration provisions that may be of benefit. If this is not the case, try suggesting a mediation or arbitration through your business broker. If this is unsuccessful, the Buyer will need to file an action against the Seller. While you don't need to have an attorney to file the complaint (unless the Buyer is a corporate entity), I would definitely suggest your obtaining the services of one. You may have claims for fraud as well as one for breach of contract. It may seem cheaper to proceed on your own, but, as this is not a small claims court matter, believe me when I tell you that it will be more economical for you to hire a litigator. Good luck!

Re: Seller refuses to sign Escrow Cancellation

If you haven't been able to resolve it yourself so far, it isn't going to get easier if you try to play lawyer yourself in court. You could lose the case by not knowing what, when, where, why, how to do things. Sorry, but that is why people hire lawyers. I suggest you have an attorney threaten a lawsuit and see if that changes their attitude. You can file suit if it doesn't work. Keep in mind that your escrow contract will have an attorney fee provision that allows you to get your fees back from them if you win the case. Plus, an attorney letter has credibility about the threat, yours doesn't. Contact me if interested in doing this right.