I have been waiting since August 18, 2009 to close this escrow. It is a brand new condo & b/c the property had attached lien, it was not until

Asked by Nancy, Hacienda Heights, CA Tue Dec 22, 2009

Nov 23 that all liens were removed. On the initial contract it says estimated closing date was "30 days after issuance of 'white slip'". White slip was finally issued on 10/5/09. Can I ask for my deposit back? There is an addendum in the contract that says "if any reason, this escrow does not consummate, after issuance of 'white slip', due to buyer's inability, initial depsoit shall not be non-refundable and released to the seller without any further execution from the parties" and nothing pertaining to the seller violating the agreement. Please provide your expertise. Thank you.

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Suzette Baker, ABR,GREEN’s answer
Suzette Baker…, , Whittier, CA
Thu Feb 4, 2010
Hi Nancy,
Nancy, it sounds like the Seller can't perform. There should be another document protecting you. What is your closing date per your escrow instructions? If the Seller hasn't performed , you should beable to get your deposit back. Unfortunate you've been waiting for so long. So still have time to purchase another property and take advantage of the TAX CREDIT.
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