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I sent an offer in on a home and gave a 8600 deposit. Within…

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I sent an offer in...
I sent an offer in on a home and gave a 8600 deposit. Within the 17 day period that they gave me I backed out of escrow. The escrow company said it would be a $600 fee initially. Then they told my realitor that they won't be charging any fee if I returned the HOA papers. Now they said that they are taking $200 out of my deposit. The only thing I signed was the offer that said I agreed on using this escrow company, I didn't sign any of the escrow papers that they sent to me. Do they have the authority to take a fee out of my deposit without my authorization? Is there any way I can get my full deposit back?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 2 hours by:
6/29/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,173
Experience: Attorney and Real Estate broker -- Retired
Verified

The escrow company is entitled to "quantum meruit," which is the value of services rendered. You can contest the value as being less than $200, but the only way you can force them to give you the money is via a court order. Which means suing the escrow agent in small claims court.

 

Hope this helps.

 

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Customer reply replied 8 years ago
Relist: what kind of services does the escrow company do that could value up to $200? Is requesting HOA doc's cost that much? Why would they have the authourity to take money from the deposit without my authorization? Can I have them send me a bill explaining their services?.
what kind of services does the escrow company do that could value up to $200? Is requesting HOA doc's cost that much? Why would they have the authourity to take money from the deposit without my authorization? Can I have them send me a bill explaining their services?
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago

what kind of services does the escrow company do that could value up to $200?

 

A: I don't know. You'll have to ask them.

 

Is requesting HOA doc's cost that much?

 

A: Time costs money. No one wants to work for free.

 

Why would they have the authourity to take money from the deposit without my authorization?

 

A: If you didn't sign any papers, then they don't. But, they can hold all your money until you either agree to pay, or the matter is settled in court.

 

Can I have them send me a bill explaining their services?

 

A: Yes.

 

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Customer reply replied 8 years ago
Relist: Answer came too late.
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