Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I thought I signed a cancellation of contract form, but

Customer Question
I thought I signed...

I thought I signed a cancellation of contract form, but didn't. I signed the release of deposit portion of the form instead. Now the Seller says I am no longer the buyer. I'm concerned about the return of the deposit. If the seller wants to cancel, I want him to sign the cancellation and release of deposit. Question: if I didn't sign, is escrow still open?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ca

Lawyer's Assistant: Has anything been filed or reported?

Don't know what you mean?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Escrow was opened. Back and forth. I sent an addendum to the listing agent to be signed by the seller that would have released all contingencies, established price and date of closing. It wasn't signed.

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
3/7/2018
Lawyer: INFOLAWYER, Attorney replied 4 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 62,955
Experience: Licensed attorney helping individuals and businesses
Verified
How much are you owed back?
Ask Your Own Legal Question
Customer reply replied 4 months ago
20000
Customer reply replied 4 months ago
Are you familiar with ca law and forms?
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Ok. A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.If you have a follow up, just reply and ask me!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Legal Question
Customer reply replied 4 months ago
no. My question is If the cancellation form was not signed, is escrow still open and am I still the buyer?
Lawyer: INFOLAWYER, Attorney replied 4 months ago
you are still the buyer and could compel a closing. Is that clearer?
Ask Your Own Legal Question
Customer reply replied 4 months ago
The form I'm referring to is california association of realtors cancellation of contract form. It has two parts--the top section calling for just a signature of the buyer or the seller; and the bottom of the form requiring signature of both buyer and seller to become effective in releasing escrow and the deposit. That bottom part is all I signed, not the top section. Since I did not sign the top part, is escrow still open and am I still the buyer? If the Seller wants to move on, I want him to cancel and sign the release of funds.
Lawyer: INFOLAWYER, Attorney replied 4 months ago
still the buyer until form completely signed and then deposit is returned.Please let me know if the reply is acceptable by responding “yes” or “acceptable”If you have a follow up, just reply and ask me!
Ask Your Own Legal Question
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Awaiting your reply, thank you!
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

62,955 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I was trying to purchase a home and loan fell through. I had
I was trying to purchase a home and loan fell through. I had asked my real estate agent if I will get my earnest deposit back and I was told yes as contingencies not cancelled. I contacted escrow a fe… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,849 satisfied customers
Civil Code 1054. "A grant takes effect, so as to vest the
Civil Code 1054. "A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor." Please give me an example of a delivery to grantor, what is consi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
We are buying a website business. We would like to put a contingency
We are buying a website business. We would like to put a contingency in place on the performance of the site. If the site does below $1500 in sales a month for feb-may this year the sale price will be… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I deposited money into an escrow account to show good faith
I deposited money into an escrow account to show good faith per the Broker (DRE) that we were qualified buyers as he requested. After the escrow funds were deposited, 1) The Seller never signed or com… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We made an offer on a property in south Florida, and followed
We made an offer on a property in south Florida, and followed through on all requests from the lender for documents and LOX's. sadly the lender's estimated closing dates have come and gone twice. The … read more
socrateaser
socrateaser
1,031 satisfied customers
Can the buyer sue the seller to force the sale of property
Can the buyer sue the seller to force the sale of property in CA if the only paperwork that has been signed is the residential pruchase agreement/joint escrow instructions? The final escrow is not clo… read more
INFOLAWYER
INFOLAWYER
Attorney
62,955 satisfied customers
We have given our real estate agent a $1000 earnest money deposit
We have given our real estate agent a $1000 earnest money deposit for a home that was a Short Sale. We didn't sign the closing documents, and told our agent that we had changed our mind due to the pay… read more
socrateaser
socrateaser
1,031 satisfied customers
We have a dispute over deposit for real estate transaction.
We have a dispute over deposit for real estate transaction. Having a hard time getting buyer's agent to set up mediation. How do we go about it? Can we set up arbitration instead? What steps do we nee… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
We are selling our house... an escrow was opened and the buyer
We are selling our house... an escrow was opened and the buyer fell out of contract by several weeks... the sellers canceled escrow and the buyer signed a release of deposit. (The buyer did not sign t… read more
socrateaser
socrateaser
1,031 satisfied customers
If a buyer needs to cancel a real estate contract in California
If a buyer needs to cancel a real estate contract in California after all contingecies have been removed, what is best way to complete the cancellation of contract/escrow as to not be liable for any p… read more
INFOLAWYER
INFOLAWYER
Attorney
62,955 satisfied customers
I listed a commercial office condo for sale in Virginia. A
I listed a commercial office condo for sale in Virginia. A potential buyer signed a contract and asked for a 20 day “study period”. The study period passed and the buyer did not remove the contingenci… read more
socrateaser
socrateaser
1,031 satisfied customers
Hi Quick question,..well the question seems long but
Hi: Quick question,..well the question seems long but is necessary to formulate the words properly to fully explain the situation. I have a question about a standard Residential Purchase Agreement,..m… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I signed a contract to purchase a condo. Sale was contingent
I signed a contract to purchase a condo. Sale was contingent on the inspection. After inspection, I sent the agent, a dual agent, letter to givge to the seller with my changes based on the inspection.… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I signed a contract to purchase a condo. Sale was contingent
I signed a contract to purchase a condo. Sale was contingent on the inspection. After inspection, I sent the agent, a dual agent, letter to givge to the seller with my changes based on the inspection.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am selling my condo. Weve gone thorough a long process
I am selling my condo. We've gone thorough a long process of contingency removals, have issued a Buyer To Perform and the Buyer has performed - all contingencies have been removed Now it's up to me to… read more
INFOLAWYER
INFOLAWYER
Attorney
62,955 satisfied customers
I recently had a prospective buyer default on a ...
I recently had a prospective buyer default on a contract due to a failure to secure financing. The real estate agent represented both the buyer and the seller. Although the buyer was "pre-approved" th… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers
I have a signed realestate contract with a party for ...
I have a signed real estate contract with a party for an AS-IS sale of a residental property. I am the seller. They backed out from the contract because they didn't like the interior when they did the… read more
Travellawyer
Travellawyer
Attorney
Juris Doctorate
176 satisfied customers
What are my rights as a buyer of a house. We are in the ...
What are my rights as a buyer of a house. We are in the process of buying a house we moved into it prior to the close of escrow. We had to release 10,000 as option money to move in here. He says that … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x