Brooklyn, NY asked in Real Estate Law for New York

Q: company's mistake

i closed on a property in dec 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am supposed to recuperate fund to pay the dob violation.

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Your closing attorney should assist you with this problem and will be the most familiar with what protections you have from any escrow agreements entered into at closing.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The obligation to pay should be in a one page escrow agreement the title company likely made you sign. This is enforceable and you can take them to court.

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