Anyone with experience resolving a real estate/escrow problem?

Question

I sold a home 37 months ago. At the act of sale $10K was put into escro to garentee that (warranty covered) repairs were made. After several months of difficulties dealing with the new owner, the repairs were made. I was ready to get my money but the new home owner wasn't happy with the clean up of the contractor and would not release the escro. The selling agent and two of my lawyers have tried to get the people to release the money. At this time, the new owners have been living in the house for 37 months, with no plan to ever do anything about their repairs. Is there any way for me to get this escro released or to put a lien on the house so when they sell it I may get them to release my money?

Answer 1

Seems that the new owner has no intent of releasing those funds.

Where do you live? I mean what country? I was under the impression that once escrow closed, that it was a done deal. Contact the BBB (Better Business Bureau)?

In the US, from my experience, once escrow closes, people sign off on the deal and that's that - the house changes owners with a clear, insured title, all escrows are paid, keys are given to the new owners and your ownership and responsiblities are done.

Seems like someone dropped the balll, someone that was supposed to be representing you.Is there a malpractice suit on the horizon? Poor representation is not only offensive, why, its downright illegal.
Also, I would contact the broker of the real estate firm that represented you as a seller in writing and tell them that you are very displeased with the way things have been handled to this point. That will get their attn. especially if that letter is signed by an attorney. Get someone who specializes in Real Estate law.
Take a copy of your HUD letter of settlement to the attorney when you go.

Best wishes, this sounds like a very difficult situation.

Answer 2

"Two of your lawyers...." ? Just how many lawyers do you already have working on this? If it's more than two, then surely we Yahooligans will be of no use to you.

I think it's time for your lawyers to raise the level of involvement though. Get a court involved, not just phone calls and letters - actually file a case.

Note for other sellers/buyers and Realtors reading this question - try to always have a closing on a house that's vacant and all repairs completed and signed off upon.