Escrow and Earnest Money Disputes

San Diego Real Estate Lawyer Valerie Kramer is experienced in disputes revolving around escrow and earnest money disputes.

It is not uncommon for a variety of issues and disputes to arise during a typical commercial or residential real estate transaction which leaves the escrow funds (sometimes earnest monies) to be held hostage. If this is your situation, it is time for a skilled San Diego Real Estate lawyer talented in negotiation, making a “case” and ready to threaten litigation to effect a quick settlement to resolve the issue.

Either buyer or sell may be entitled to recover ALL or PART of the buyer’s earnest money deposit depending on the circumstances surrounding the failure of the transaction and the terms of the purchase or lease contract. Real Estate Lawyer, Valerie Kramer, will help our clients scrutinize the purchase or lease contract to determine whether there is an actionable breach of contract or an enforceable liquidated damages clause and fight vigorously for a positive outcome.

Earnest money in a commercial transaction can be 2, 5, or even 10% which can amount to significant cash. When real estate transactions have complications and fail to close escrow a key concern for all parties is the distribution or return of the buyer’s earnest money. Both parties often have a lot at stake and both parties often believe their “take” on the situation is correct. Frankly, the party with the lawyer on her or her side (or the more experienced lawyer) will often prevail or have the better outcome. There’s a lot at stake – shouldn’t you have a competent and skilled attorney representing you and your financial stake?

It is virtually impossible to resolve such issues without legal counsel. Why? California law and code of conduct insists that a licensed escrow agent may not release funds held in escrow without a written agreement signed by both parties, so it is necessary that an agreement be hammered out or the funds will simply sit there. Oftentimes the more proactive party will prevail in such situations.

When real estate transactions fall apart, its good to have an experienced Real Estate Lawyer on your side. Contact Valerie Kramer to schedule an appointment to review your earnest money or escrow issue.

Business Attorney Valerie Kramer understands that investing some time in getting your business contracts in order, handling common legal transactions, or negotiating a lease should be cost-effective.

Valerie Kramer is also a Real Estate Attorney and helps Property Owners, Buyers & Sellers, Real Estate Brokers, Commercial Tenants and others involved in everyday real estate transactions and disputes. Valeries’s clients get maximum value for every penny spent, without padded hours for unnecessary “additional services.”

Call me personally – (619) 259-5030
– Let’s talk through your issue or opportunity.

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