Q: If I file a NY or FL suit to get escrowed funds after seller files a FL suit for same reason, will my suit be dismissed?
I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed an LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an escrow agent, who is a FL attorney.
At the conclusion of due diligence, I requested a return of the good faith deposit because of due diligence findings. The seller feels he should get the deposit. The attorney will not release funds until there is consent between buyer and seller.
I'm NOT asking for an opinion on whether I should file a a suit or how I should argue it. My only question is above.
A: You must sue in FL. As a suit is already there, you need to answer and counterclaim in the suit that exists.
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