Legal Question in Real Estate Law in California

CA Residential Purchase agreement where the buyer wanted a 14 day close of escrow with 10 day removal of contingencies and on 11th day submitted Cancellation of Contract (buyer changed their mind). Buyers after, submitted for Release of Deposit but Seller refused due to expenses paid to get their expedited close of escrow. Seller (for sale by owner) is arguing Breach of Contract. It went to court and the Title company kept the majority of the deposit ($2k & $500 for buyer/seller each totaling $3k) due to legal fees. Now buyer has attorney (friend) submitting a cross-complaint to seller for Indemnity, Contribution & Declaratory Relief…Any suggestions?


Asked on 9/17/22, 10:38 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You inconveniently (or maybe conveniently) leave out what the ruling was on who was entitled to the deposit (or at least the portion not kept by the title company). Without that information it is basically impossible to begin analysis of the indemnity claims.

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Answered on 9/17/22, 1:42 pm


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