When we sold our house we left $1000 in escrow incase the stuff that was left at the curb was not picked up by the town.Everything was removed within a week.The new owners say they want the escrow money because we did not deal in good faith,I am not sure what that means,but thier son is a lawyer and we have to take them to court for it.They have shown no bills to account for using any of the money but insist that they need the money for clean up.Do they have any right to my $1000.
3 Answers from Attorneys
Assuming that everything you have said is correct, then I can comment:
I have read what the other attorneys, Walter and Scott said, and they are correct. If you did your part, then you are entitled to the $1000.00. NOW.
this kind of 'i have a lawyer so drop dead' is really a kind of theft.
sue them. if you are near Bergen County (or if the sellers are in Bergen County), call me, ask my secretary for an appointment. I will help you fill out the small claims lawsuit forms (you get them, please, online). Heck, I may do this for free. just outrageous.
Good luck to you. Do not let them steal from you.
sue them and ask for costs, fees interest and puntive damages for dealing in bad faith.
IF THE PROPERTY (I WILL CALL IT RUBISH) WAS PROPERLY REMOVED, WITHIN A REASONABLE TIME, AND THE BUYER INCURRED NO EXPENSE IN THE REMOVAL, YOU APPEAR TO HAVE SATISFIED THE TERMS OF THE ESCROW AND ARE ENTITLED TO THE RETURN OF YOUR MONEY. YOU MAY PROBABLY HAVE TO BRING A SUIT IN THE SMALL CLAIMS DIVISION OF THE SUPERIOR COURT IN THE COUNTY WHERE THE BUYER RESIDES TO GET YOUR MONEY AND COURT COSTS. THESE FORMS ARE AVAILABLE ON LINE. IF ANY AGREEMENT ON THIS WAS IN WRITING, IT SHOULD BE ATTACHED TO YOUR COMPLAINT. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. MISSING OR OMITTED FACTS MIGHT CHANGE THE RESPONSE.