Backing out of Escrow

[ps999]

What is the name of your state? California

I am in escrow for a condo. A few problems I have are:

1) The agent who turned out to be the mother of the co-seller did not disclose the relationship in the counter offer. However, it is disclosed in the purchase agreement.

2) The co-seller represented herself to me as an agent and did not disclose that she was the co-seller.

3) Both the agent and the co-seller claimed verbally that the square footage was 1300 sf give and take a few feet. But it turned out that the actual sf is 1255.

My contingency period is over and I tried to get some credit from them but they refused. The purchase contract is very standard. If I want to back out of the deal what are my chances to get all my escrow money back + get reimbursed for my inspection and appraisal expenses. Is there any obligation on the part of the seller or agent to be truthful as far as representation and square footage?

If we go to arbitration and I relize that I may be losing, can I always decid eto buy the place? In other words, can the seller refuse to sell the condo to me and keep my earnest money or a portion of it?

[HomeGuru]

Originally Posted by ps999

What is the name of your state? California

I am in escrow for a condo. A few problems I have are:

1) The agent who turned out to be the mother of the co-seller did not disclose the relationship in the counter offer. However, it is disclosed in the purchase agreement.

2) The co-seller represented herself to me as an agent and did not disclose that she was the co-seller.

3) Both the agent and the co-seller claimed verbally that the square footage was 1300 sf give and take a few feet. But it turned out that the actual sf is 1255.

My contingency period is over and I tried to get some credit from them but they refused. The purchase contract is very standard. If I want to back out of the deal what are my chances to get all my escrow money back + get reimbursed for my inspection and appraisal expenses. Is there any obligation on the part of the seller or agent to be truthful as far as representation and square footage?

If we go to arbitration and I relize that I may be losing, can I always decid eto buy the place? In other words, can the seller refuse to sell the condo to me and keep my earnest money or a portion of it?

**A; so where is YOUR agent? Oh yeah, you don't have one.