What is the name of your state (only U.S. law)? California
We were at day 15 of our 17 day contingency period, after a week waiting for our repair requests to be answered. On this day the seller's agent calls us and says we have got to be kidding about these repairs, me because of the lag, and that response decided to cancel escrow under Paragraph 14 of our escrow contract. I immediately sent the seller's agent a request for escrow funds to be released, she said I was in breach because they were willing to do the repairs, our response was we did't know that, and now we are not comfortable with the repairs and the deal because of the previous response to the repairs, and we wish to just cancel escrow. It is now day 17, we send them a Demand for Cancellation, stating why we are cancelling and giving them an ultimatum to release the funds by June 25, 2012 @ 5:00PM . The only thing they have submitted to us is the releae of contingecy form, which we are not releasing anything due to the fact we are cancelling. The next day they take the listing off of pending and re-list it as active.
My question is, what legal avenue do I have besides small claims? Do I need to file a suit against them? Open a case with the Realtors Association, etc. i called a local real estate lawyer and he has not called me back yet...
We were at day 15 of our 17 day contingency period, after a week waiting for our repair requests to be answered. On this day the seller's agent calls us and says we have got to be kidding about these repairs, me because of the lag, and that response decided to cancel escrow under Paragraph 14 of our escrow contract. I immediately sent the seller's agent a request for escrow funds to be released, she said I was in breach because they were willing to do the repairs, our response was we did't know that, and now we are not comfortable with the repairs and the deal because of the previous response to the repairs, and we wish to just cancel escrow. It is now day 17, we send them a Demand for Cancellation, stating why we are cancelling and giving them an ultimatum to release the funds by June 25, 2012 @ 5:00PM . The only thing they have submitted to us is the releae of contingecy form, which we are not releasing anything due to the fact we are cancelling. The next day they take the listing off of pending and re-list it as active.
My question is, what legal avenue do I have besides small claims? Do I need to file a suit against them? Open a case with the Realtors Association, etc. i called a local real estate lawyer and he has not called me back yet...