Handling issues not covered in the escrow instructions or underlying agreement
If a dispute between the buyer and seller arises over a point not addressed in the underlying purchase agreement or escrow instructions, the agents need to mediate an agreeable solution.
The negotiated resolution then needs to be added to the escrow instructions by amendment and signed by the buyer and the seller. Signed amended instructions bind the buyer and seller to the terms agreed to in the amended instructions as part of their contractual obligations in the transaction. [U.S. Hertz, Inc. v. Niobrara Farms (1974) 41 CA3d 68]
Escrow instructions which modify the intentions stated or implied in the purchase agreement need to be written, signed and returned to escrow by both the buyer and seller.
Proposed modifications signed by some but not all parties are not binding on a party who has not agreed to the modifications. [Louisan v. Vohanan (1981) 117 CA3d 258]
What can be done if home is over 30 days past escrow.? Buyer keeps saying next week, or Friday the money will be sent. Buyer has made excuses over a month. Then Buyer, without permission, entered fixer upper and hauled away all the left over belonging and trash and cleaned out unit while home is still in escrow. Buyer remembered the door key code to enter
Weeks prior seller texted Buyer you have no permissions to enter my home without prior authorization from this day forward
Illegal?
Thank you for your inquiry!
We are happy to clarify our writings, though are unable to comment on your particular fact situation.
Best regards!