Buying a home in Pomona, CA. In escrow and recently learned neighbor has a pit bull. How do I get my earnest money and get out of the deal?

Asked by Pamela Santos, Diamond Bar, CA Sat Aug 17, 2013

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Research, Home Buyer, Chino Hills, CA
Fri Jan 24, 2014
What is wrong with a pot bull? I know several very sweet ones. Pet them any time I meet them. One is now 12 year old large poochie gentleman with a love of belly rubs.

I'd more worried about the humans around.
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Darn those typos- pit bull, not pot bull.
Flag Fri Jan 24, 2014
Ron Schwolsky, Agent, Covina, CA
Sun Aug 18, 2013
If you have hired a realtor to represent you... why are you not asking/him or her that question?

This situation is very simple. If your realtor cannot help you with this, I suggest that you work with someone else in the future.

Good luck.
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Cindy Davis, Agent, San Diego, CA
Sat Aug 17, 2013
You can cancel with a cancellation form. If you are cancelling within your 17 day inspection period - you should get yoru nmoney back. If you are cancelling after removing may lose your deposit.

I would also double check the seller's disclosures to see if they disclosed the pitbull next door.

Best of luck. Comsult with your agent. If not, perhaps a real estate attorney!
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Brett Ehart, , Phillips Ranch, CA
Sat Aug 17, 2013
There are several ways to get out of a contract, but we don't have enough information to tell you the best way. Talk to your agent about this, and if he can't help ask to talk to his broker. The broker probably has an attorney that can help you resolve this.
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Don Tepper, Agent, Burke, VA
Sat Aug 17, 2013
You can't get out specifically on the basis of the pit bulls. But there are several suggestions below about the inspection period. You'll have to use one of your contingencies to get out of the deal. Check with your Realtor for more information.

Incidentally, often it's not so much about the pit bulls themselves but the types of owners they have. Some are fine; some aren't. Evaluate the community.

Hope that helps.
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Barbara Gran…, Agent, Anaheim, CA
Sat Aug 17, 2013
Hi Pamela

Unless you and the seller modified it, your inspection period is the first 17 days from acceptance of your offer. If you are within that period of time, simply instruct your agent to cancel the escrow and ask for a return of your deposit. If you are past that time and/or have signed off on all contingencies, you may very well lose your good faith deposit. In that event, I would suggest contacting an attorney for further advice.

Good luck to you!

Barbara Grandolfo
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James Sanchez, Agent, Burbank, CA
Sat Aug 17, 2013
I like this...... now I know why I have 3 Rottweilers.
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Lance King, Agent, San Francisco, CA
Sat Aug 17, 2013
As pointed out below, if you are still under your inspection contingency time period you can easily resolve this. If you are not, it gets more complicated. You can cancel the deal, but the sellers may not agree to give you your money back.

I suppose one could argue that a neighbor with a pit bull is a material fact that should have been disclosed, particularly if you have children, but you'd need an attorney's opinion on whether that would stand up or not. You might try having your agent tell the listing agent you're going to back out and why and see where that leads before taking any steps that might cost you more money.
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Walter 'Skip'…, Agent, Brea, CA
Sat Aug 17, 2013
If you are still in your inspection period tell your agent you want to cancel escrow. There is a cancellation of escrow and return of deposit form both you and the seller will need to sign. If you have already removed all contingencies you can still cancel but may lose your deposit.
Good luck,
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