Home Selling in Los Angeles>Question Details

Idfl88, Home Buyer in Los Angeles, CA

After we the buyer signed the escrow papers, cash in the escrow, seller refused to pay seller's escrow and related fee even they signed, what to do?

Asked by Idfl88, Los Angeles, CA Thu Jul 25, 2013

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12
Well...you avoided paying a Realtor...looks like you'll be paying an attorney instead.
4 votes Thank Flag Link Fri Jul 26, 2013
The escrow company should give you some insight next time maybe using an agent is not such a bed idea.
1 vote Thank Flag Link Fri Nov 29, 2013
"The sellers is our neighbor and we directly offer them a price without any broker"...Oh I see now. This is very unfortunate because neither party is fully informed, so there is lots of room for misunderstandings, hurt feelings, anger, errors and regrets.
No Brokers means you will both need Lawyers and you will likely have to go to court. Professional Realtors won't be able to help you because it has turned into a legal issue for you both.
1 vote Thank Flag Link Fri Jul 26, 2013
First, seller's escrow fees are normally debited from the seller's proceeds and paid to escrow and all other providers at close of escrow....they wouldn't necessarily have to pre-pay any of those expenses so your question doesn't make a lot of sense. Additionally, the purchase agreement should spell out the division of fees between buyer and seller so double check your contract who is paying for what. It is escrow's job to then carry out the elements of the contract and as concerns escrow fees, they would simply debit the seller at closing.
1 vote Thank Flag Link Thu Jul 25, 2013
Talk to your real estate agent ,hopefully he can talk to the other agent & work out any challenges without the use of a lawyer ,good luck !
0 votes Thank Flag Link Sat Dec 21, 2013
It sounds like you signed the contract but they did not? Is it that they signed but then refused to deposit the money. If they signed but did not pay-in you may have a claim. If you signed the document first and then it went to them where they refused to sign and deposit, the deal was not binding.

You should get your money back.

If they signed but not pay-in you could pursue them. Consult your attorney on this.
0 votes Thank Flag Link Wed Dec 11, 2013
Hello Idfl88,

Did you get this resolved?
0 votes Thank Flag Link Wed Dec 4, 2013
It all depends on your real estate contract with the sellers,talk to your real estate agent if you one ,or if you don't you will need to talk to a real estate attorney ! Good Luck !
0 votes Thank Flag Link Mon Aug 5, 2013
And also, both sellers and buyer, we don't have broker or listing agent represent either side, we just directly go to the escrow company to complete the transaction.
0 votes Thank Flag Link Fri Jul 26, 2013
The sellers is our neighbor and we directly offer them a price without any broker. Sellers agreed the price, take $10,000 deposit and signed a very simple contract agreed on the price and acknowledged taking the deposit. We then opened the escrow and agreed on closing escrow on July 22. By July 16, we had already have cash in the escrow, no loan. Sellers signed, notaried the escrow document which in the instruction indicated they should pay half of the escrow fee, tax, title transfer fee...those fees that the sellers usually covered. Sellers has returned all documents in July 1. We signed the document on July 22 morning. In the afternoon the escrow company called said seller's refused to pay the fees and do not want to honor the contract. We are shocked and so angry. Sellers said we told them we will cover the fees, however we have never said that and everything is in the contract about what we angered to waive on. The point is they all signed and returned their agreement to the escrow, we are 99% closing the escrow. We don't want to pay extra couple thousand because it is the matte of principle.

I got the feeling that the sellers want to sell the house with higher price and they regret. My question is, can we force them to sell in court? They have signed everything and agreed on paying the fees and now they want to cancel the sale. I have already contacted our attorney but I just want to heara from professionals for more help.
0 votes Thank Flag Link Fri Jul 26, 2013
Read your contract, what does it say? Escrow will follow the contract,
0 votes Thank Flag Link Fri Jul 26, 2013
A question...do you have a buyers representative? If you do (I hope so) their job is to deal with the listing agent and the seller.There is no reason for you to be concerned because all the details of this sale have already been "agreed to" in writing in the contracts. The Escrow company is in charge of disbursing the money, according to the contracts you all signed.
0 votes Thank Flag Link Fri Jul 26, 2013
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