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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114023
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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After closing,seller did not pay HOA trust fee 2500 signed

Customer Question

after closing,seller did not pay HOA trust fee 2500 signed off in purchase contract escrow sent correct check to HOA and then voided and sent another deducting $2500 to HOA HOA refuses to accept error and now pressing us for fee
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed?
Customer: would do small claims but realtor who own escrow company said alrady "sue me" if awarded judgment have ifficulty collecting fearing.e
JA: Anything else you want the lawyer to know before I connect you?
Customer: We are the byer. HOA did not contact us until 10/31/16 and we seeeu
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He is just trying to scare you. Legally if you sue him and get a judgment, you would not sue just him you would sue the seller as well and when you get a judgment you would have the right to seek seize assets of both him and the seller. So, while you may not be able to seize the assets of the agent because he has escrow accounts where money belongs to others and you may have a hard time finding his bank accounts to levy, you can get to the seller and seek to seize their assets, wages, bank accounts to pay the judgment and in that case I can bet the seller will not be too happy with the agent.
Furthermore, you need to file a complaint against the realtor with the state real estate board, because he is not supposed to act in this manner and it is a violation of the board rules on his license and they can take action against his license as well for not making proper payments out of escrow.
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