Legal Question in Real Estate Law in California

A seller of a new condominium has had my escrow money for over 60 days and can't produce a "white paper" so we can take possession of the condo. What recourse do I have to get my money back


Asked on 9/20/11, 9:00 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The seller probably 'jumped the gun' in selling (or taking deposits) before the project had its final Department of Real Estate (DRE) approvals. The question now is whether the deposit money you put up is in an actual escrow account, and if so, what the terms of the purchase and the escrow affecting your right to a refund may be.

The issues here may be moderately complex. I assume you had no buyer's agent to help you. At this point, your easiest effective next step may be to initiate a discussion with the DRE staff in charge of permitting condo promoters to issue "white paper" to would-be buyers.

Before going to the DRE, consult one more time with the developer, to ask where your money is escrowed, why there is a hold-up on the white paper, and whether they are willing to give you a full refund (if that's what you want) before you initiate discussions with the DRE.

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Answered on 9/20/11, 10:11 pm


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