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Articles Posted in escrow

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California Escrows and Liability to Third Party Strangers to Escrow – The Difficult Challenge to Finding Liability

In the ordinary real estate or business sale escrow, the escrow officer owes duties to the parties to only the parties to the escrow, and not to third parties. There are a few exceptions, such as when the parties real estate sale escrow instructions require following a third party’s instructions,…

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Escrow – Who the Money Belongs To, And Why it is Important

An escrow involves the deposit of money, documents, or other things, with a third party to be delivered on occurrence of specified conditions. In a typical transaction, the buyer of real estate deposits the purchase money, and the seller deposits the deed to the property. The instructions provide that the…

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The Broker’s Agreement Required Payment of the Commission Through Escrow, But Escrow Never Closed. Why Did The Buyer Have To Pay A $1.7 Million Commission?

A California Broker entered a contract with a Buyer to locate commercial property for development; the broker would be representing the Buyer exclusively. They located a project, and the Buyer entered a contract to buy the property from the seller. The contract also required the seller to build over 175…

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Trustee at Foreclosure Sale Reads the Wrong Street Address, Buyer thinks he gets a Windfall, but the Court Allows the Trustee to re-Auction the Property— When a Trustee Can Get off The Hook for his Error.

In a recent California decision, the trustee was holding a sale of a Sacramento property. The auctioneer read from a script which had all the correct information, including the legal description of the property, but gave an Arcola Avenue street address, which was not the same property. The Arcola sale…

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