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I entered an escrow agreement for $6000 with the buyer of my house AT the settlement table. The agreement was supposed to cover the buyer if the work that I had agreed to complete as part of negotiations before settlement was not finished within the stipulated time period. The work was not finished due to the buyers limiting access to the work site to less than the stipulated time period. Despite this, the buyer has seen fit to sue me and the contractor together for $25,000, claiming that the work was not done on time and also done improperly. At 'walk-through' the buyer approved the work, which was mostly completed. Also, I never guaranteed the quality of work, just that the work would be completed. It was 85% completed. Do I have any more possible liability here than the $6000? Can you site me some specific case law to support your answer? Thanks!   Marci Waters

Submitted: 313 days and 8 hours ago.
Category: Real Estate Law
Value: $40
Status: AWAITING CUSTOMER ACTION
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Moorestown, New Jersey

Already Tried:
I have an attorney for this case but she is very busy right now and researching case law is not on her agenda. Even if it was, I figure that $40 to ask you guys is a lot cheaper than what I'm paying her hourly. Got it?
Please don't be a rip-off scammer. I'd like an answer to this with supporting case law that I can pull up or give to my attorney's paralegal to pull. I'm dealing with a rip-off scammer on the other side of this suit and I can't take even one more disappointment in humanity.
Please help me.
Thanks. Happy new year. I, unlike God, am somewhat disgusted with humanity, but I'm going forward in 2009 with a belief that things, and people, will improve.
Marci

Answer

Hi Marci I too have had a bad 2008 and have high hopes for 2009. The reason your lawyer is not looking up cases is because she know's she's not going to find any on point. these cases are governed by (1) the escrow agreement and it's express language, (2) whether he accepted the work in writing, and (3) the specific facts of each case. So there are probably not a lot of "reported" cases right on point.

 

IF THE ESCROW AGREEMENT IS HALFWAY DECENT you are only on the hook for the $6000.

 

Can he sue you for more? YES! Any jackass with the filing fee can sue anybody for anything in this country. THAT DOES NOT MEAN HE IS GOING TO WIN.

 

If you have a lawyer who is too busy to put you on her agenda, you need a better lawyer. I would not put up with that for one minute.

 

NO SCAMS here, you pay or not as you see fit. Good luck and good health in 2009.

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Expert: FLACORPLAWYER
Pos. Feedback: 99.2 %
Accepts: 573
Answered: 12/30/2008

Lawyer

23 years as attorney NY and FL Bars.

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