How to Get Rent & Repair Escrow, Help!

[slu]

My state is New Jersey. I closed a multi-F house in mid Nov.05. During the final walk through, I found third fl 's heater did not work. Seller agreed to escrow $2500 for future repair. Also they agreed to pay me rent before they find another apt to live. They disappeared in Dec without surrendering keys to me; all apt doors on their fl were locked. I call my attorney almost every day asking whether they had moved out because I want to show first fl to contractors for renovation estimate. Half a month later, the seller's attorney finally answered my attorney and mailed the keys to her on Dec. 28, but the seller claimed they moved out on Dec. 1. Now I want my attorney to release the escrow money for rent and repair (I gave my attorney an estimate of cost from a contractor to do the repair, the seller was not able to repair problems themselves thought they tried while they lived there). The seller did not agree upon the amount my attorney gave them, their attorney simply said my attorney was not authorized to release the fund if other party does not agree, and if this matter goes to the court, he is not going to represent the seller. Now this issue is pending, I felt that my attorney was not acting to protect my benefits when preparing closing documents (we have a user occupancy, repair, move out agreement), I have to fight to get my rent and repair cost back (my renovation got delayed because I had no access to first fl, I paid full Dec. mortgage, my cash was drained due to mortgage and ongoing rev). But I do not know how to fight for my right. Please help!! What should I do to get this resolve? The sellers are not reasonable sellers. If I have go to the court, where should I start?

[HomeGuru]

Originally Posted by slu

My state is New Jersey. I closed a multi-F house in mid Nov.05. During the final walk through, I found third fl 's heater did not work. Seller agreed to escrow $2500 for future repair. Also they agreed to pay me rent before they find another apt to live. They disappeared in Dec without surrendering keys to me; all apt doors on their fl were locked. I call my attorney almost every day asking whether they had moved out because I want to show first fl to contractors for renovation estimate. Half a month later, the seller's attorney finally answered my attorney and mailed the keys to her on Dec. 28, but the seller claimed they moved out on Dec. 1. Now I want my attorney to release the escrow money for rent and repair (I gave my attorney an estimate of cost from a contractor to do the repair, the seller was not able to repair problems themselves thought they tried while they lived there). The seller did not agree upon the amount my attorney gave them, their attorney simply said my attorney was not authorized to release the fund if other party does not agree, and if this matter goes to the court, he is not going to represent the seller. Now this issue is pending, I felt that my attorney was not acting to protect my benefits when preparing closing documents (we have a user occupancy, repair, move out agreement), I have to fight to get my rent and repair cost back (my renovation got delayed because I had no access to first fl, I paid full Dec. mortgage, my cash was drained due to mortgage and ongoing rev). But I do not know how to fight for my right. Please help!! What should I do to get this resolve? The sellers are not reasonable sellers. If I have go to the court, where should I start?

**A: you start by getting a reasonable attorney. The same one you should have hired before closing.

[seniorjudge]

Originally Posted by HomeGuru

**A: you start by getting a reasonable attorney. The same one you should have hired before closing.

Excellent advice.

[slu]

Can I hire another attorney to take care of escrow issue for me? Thanks for your assistance

[HomeGuru]

Originally Posted by slu

Can I hire another attorney to take care of escrow issue for me? Thanks for your assistance

**A: yes, you can hire many other attorneys.