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My real estate agent has taken money for a property we are purchasing but the deal won't close the deal. What should I do?

Escrow began on 05/04/09 We were told that the deal should close by the 30th of May 2009. We have already provided 3/4 of the deposit, they have cashed the check but we have not moved further along then that.
The seller is stalling on making repairs can we cancel the contract?

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Attorney answers (1)

Reputation Level 14
You MAY be able to cancel the deal and get your deposit back, but it is impossible to tell with the limited information presented. Normally the buyer is required to put down an initial deposit of about 3% which is deposited in an escrow account. The check is cashed but no disbursed. In addition, most escrows take 30 to 60 days to close so I do not understand how they could have informed you that the deal would be fully consumated in less time unless this was an all cash offer. As to the making of repairs, an attorney would have to look at the purchase sale agreement, counter offer if any, and escrow documents to determine what your respective rights are there. In addition, since the closing has only been delayed by about 15 days, you should have an attorney prepare a notice to the escrow depmanding compliance from the seller, which if ignored may lead to a request (Notice of Concellation).

Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.

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