Legal Question in Real Estate Law in Florida

No Escrow after closing
We we were selling our home FSBO & the buyer had no agent either. We entered into contract & she chose her closing agent, a real estate attorney, we decided to use him as our closing agent too.
The contract said that she needed to deposit 1000 Earnest money to him. The house did not close b/c the buyer backed out & we tried keeping the earnest money as stated in the contract. The Closing attorney/Escrow agent said she never gave him the earnest money. Since he was representing both of us shouldnt he have told us that she never gave him the money? & can he be held liable for the earnest money since he never notified us that she had not given him the money?

Asked on 5/08/07, 3:47 pm

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: No Escrow after closing

You need consult with competent real estate counsel. Without seeing the contract, I would not venture a guess as to what your rights may be.

Answered on 5/08/07, 4:49 pm

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