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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 23787
Experience:  B.A.; M.B.A.; J.D.
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I bought a house and in the sale an escr ow was set up of

Customer Question

I bought a house and in the sale an escr ow was set up of $6000 where i contributed 40% and seller 60%. The escrow was to cover convert costs from propane to gas including gas line, and converting appliances. The seller is disputing $1800 that was needed for replacing 2 fireplaces. They were working as propane but told unsafe to convert so to replace them and the pipe lines. What are my rights to fight this?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 8 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

I am so sorry to read about your situation.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

You have every right to heed the recommendations of professionals to replace the two fireplaces and have the seller pay her/his share of the cost. If the seller is not allowing the funds to be released, then you have to file lawsuit against the escrow agent and the seller to force the escrow agent to release the funds. You should also ask the Court to award you Court costs. That is to order the seller to pay for your Court fees. Since the disputed amount is $1,800.00, you can file this lawsuit in Small Claims Session. Click here for Small Claims forms and instructions.

Best wishes,

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Thank you for your cooperation.

Customer: replied 8 months ago.
I'm confused. Do I file lawsuit against escrow agent or small claims court? What is my legal stmt to put seller on notice? Both my lawyer and his drag this out so how do i get them out of the way and/or who writes the dispute to the seller? Thx
Expert:  Phillips Esq. replied 8 months ago.

You can file lawsuit against the escrow agent. The lawsuit can be filed in the Small Claims Court because of the amount involved.

I cannot tell you what statement to send to the Seller because I am not your Attorney and more importantly the site's terms of service do not allow me to act as such. Nonetheless, you would need to make a request to the escrow agent for the release of the funds as agreed by you and the Seller. If the escrow agent refuses to release the funds because the Seller is disputing the amount needed for the repairs, then you have to file lawsuit against the escrow agent to force the agent to release the funds.