K. Walker,
Hold everything!
First, we do not offer legal advice (at least not me).
Second, normally when a transaction is in the escrow process, there are a number of points at which YOUR Realtor is supposed to on top of the milestones.
For example, when the contingencies were removed, the buyer's agent sent a Removal of Contingencies form. Once that is received the agent verifies with the lender (without money, there is no closing), 40% of the escrows close late, when that happens, 70% of the time it's the lender's problems). So most agents monitor the appraisal, approval, and funding dates.

Who represented the buyer?
The way the RPA-11 is written, once the contingencies are removed, the next step is (usually) an additional deposit made by the buyer. That deposit is made prior to the close of escrow in order to have the financing complete. Did anyon check to see when that additional deposit was made?

What I am getting at is there are numerous points in escrow when your Realtor and the buyer's Realtor need to coordinate. When one side does not perform as contracted, the other knows about it, so there should never be a "surprise, I am cancelling". The walk through before the sale is simply to verify that the property is essentially in the same condition as when the offer was made (my favorite story is when the water heater broke, flooded the house, and ruiined the flooring).

You need to not only see an attorney, you may have a grievance case against your Realtor and who ever was representing the buyer. Just based on your post, not having all the facts, I think you need to have a meeting with your Realtor and their broker ASAP.

Thu Apr 3 2008, 07:48

If there was no mention of the cat in either the listing or the offer to purchase contract, and no changes to the buyers purchasing status at closing... I would say this sale needs to go through. Get a real estate attorney to move this deal to closing.

Thu Apr 3 2008, 06:16

Sounds like the buyer had a cat fetish -- in this case, lack of.

I'll bet someone got cold feet.

This is exactly the reason why I always recommend buyer and sellers to always have a real estate attorney to look at all the paperwork before - during - and after a closing .. agents aren't attorneys - attorneys are attorneys ...

If it's described in the contract and it states very particular issues like named animals, pet odors, animal waste, level of cleanliness, dates, times, removals, etc, etc ... unless you left the property a dump, then the buyer is going to have an almost impossible time getting anything back ..

On the other hand, this gives you recourse for your damages and incurred cost of moving out early to accommodate the buyer and an entire potpourri of events and costs that will shake their world....

This sounds very similar to a home I sold to a Veterinary surgeon about 5 years ago, in his walk thru he discovered we had a dog because of the clean and empty dog bowls on the kitchen countertop .... he should have discovered them, he was the surgeon on my dog .. plus, he'd been to the home 2 times before with the realtor.


- It was the $27,000 bill in damages that he received 2 days later that changed his mind and made him a new owner ...

That all said, I see you live in in California .... anything is possible there .l.o.l...


: ^)

Thu Apr 3 2008, 06:11

No at this point unless he had a "back door" written into his contract he will be in breach if he walks now. Of course I would consult an attorney at this point but, with your agents firm holding the escrow funds it put's you in more of a driver seat. He would have to take it to court at this point to get his funds back. Your agent should be able to tell you though.

Thu Apr 3 2008, 04:20

Discuss with your agent before you release money, you may be entitlted to damages if the buyer backed out with no contractual reason. In IN it is up to 15% on contract price.

Thu Apr 3 2008, 00:48

This is a case needing a legal expert. Check your contract to determine how disputes should be settled. I would think you should hold off signing the release of the deposit until this has been settled according to the dispute resolution clause in your real estate contract. Oregon has mediation and arbitration agreements written into our Real Estate Purchase and Sale Agreement. CA may be different. Don't be pressured into anything until you've gotten legal guidance.

Thu Apr 3 2008, 00:18