Q: Sold my home and closed. Buyer claims damage to subfloor due to pet stains. Buyer wants to keep $2,000 escrow.
Condition of floors did not change in the one months time the buyers had showing, performed inspection, had final walk through and a walk through again 30 days after closing (30 day occupancy clause). Buyers have been in house for a week and they have two large dogs and I have yet to see proof of damage to subfloors. What are my rights?
A:
Without seeing the accepted offer, closing package and any escrow agreements you signed at the time of closing and before, it is impossible to answer your question cogently.
Did you have an attorney review the closing package and offer? If you accepted an offer without an attorney review, who knows WHAT you may have agreed to, including the kind of actions you're complaining about here.
That said, MOST closing escrow agreements have specific timelines for objecting to return of funds, and documentation requirements to claim damages requiring retention of escrow funds. What does your agreement say? Did YOU document the condition of the home when you turned over possession? All this will matter.
For now, the best advice I can provide is 'consult with a local real estate attorney' and provide that attorney all the documents listed above, and any 'documentation' about the condition of the property. (photos, inspection reports etc.) With that in hand, a licensed experienced attorney can provide a better idea of what you should be doing.
Good luck!
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