A title company failed to fulfill their instructions in a real estate
contract. I am the executor of my father's estate and live in another state. Can I sue for travel expenses and care giver expenses for my ill husband if I have to appear in court in this other state?
JA: Has a complaint been filed and served? What are the claims in the case?
Customer: Not yet. The title company had specific instructions to release money held in escrow
for a septic inspection on Oct 31, 2016. The buyer had the septic inspected by the county per the contract, no defects found. The buyer had another "in depth" inspection done and disputed the release of the money on Nov. 16, 2016, 16 days after the deadline in the contract. The title company says they will only release the money with a court order. If I have to appear in court, I would have to travel 2000 miles.
JA: Estate planning laws vary by state. What state are you in?
Customer: I live in Nevada and the real estate transaction is in Ohio.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The buyer breached the contract. The buyer requested that they be allowed to choose the title company and disclosed that she had an "interest" in this company. On the day, Oct 31, 2016, the title company was instructed to release the money, there was a clear inspection report by the county and they couldn't possibly have had a "dispute" since that didn't occur until almost 3 weeks later. It appears to me that there was some collusion between the buyer and title company in which she had an interest.