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Can the seller open the second escrow?

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clytzeshi

Junior Member
What is the name of your state (only U.S. law)? California

We were in the process of purchasing property when we discovered from the disclosure that the original owner passed away inside the house last year. So we canceled the sale based on the inspection contigency within the required time period.

We think we are entitled to our earest money, but the sellers won't sign to release our $10,000 earnest money.

The earnest money is in the escrow company now and it can not be released unless both party signed the cancel instruction.


Now they relisted the house on the market again. My question is, can they open the escrow with another buyer before they settle this dispute with us?
 


FlyingRon

Senior Member
You can file a suit (small claims if possible) against the seller and a lis pendens on the house about the contested transaction.

I'm not sure what inspection contingency has to do with someone dying inside the house.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? California

We were in the process of purchasing property when we discovered from the disclosure that the original owner passed away inside the house last year. So we canceled the sale based on the inspection contigency within the required time period.

We think we are entitled to our earest money, but the sellers won't sign to release our $10,000 earnest money.

The earnest money is in the escrow company now and it can not be released unless both party signed the cancel instruction.


Now they relisted the house on the market again. My question is, can they open the escrow with another buyer before they settle this dispute with us?


**A: yes they can.
 

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