Legal Question in Real Estate Law in New York

real estate

i recently tried to take out a mortage, and put a 15K deposit in an escrow account. when the mortgage fell through and i did not get a mortage i was told that i could get my deposit back. in the contract it states that if i do not obtain a mortgage i will get my deposit back. i have been trying to get my deposit back from my lawyer and the sellers lawyer for 5 months now and they are giving me the run around. should i call the new york state bar association or is that too drastict measure? what should i do?


Asked on 7/04/09, 9:51 am

1 Answer from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: real estate

Remind your attorney that you have waited 5 months for the return of your escrow deposit, which should have been returned to you immediately when you did not obtain a mortgage.

If you still do not get your money back, you may, unfortunately, have to contact the New York State Bar Association. When you contact the NYSBA, one option you will have is to file a grievance against the attorneys in question. (If you decide to file a grievance, tell the attorney. Perhaps that will be enough for him/her to realize that you have reached your limit.)

Good luck and I hope that it doesn't go so far that you have to file a grievance.

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Answered on 7/04/09, 12:26 pm


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