What is the name of your state? NJ
Good morning everyone. Here's my situation.
*Sold my NY home on May 31st 2007. Was originally scheduled to close on June 4th; however, the buyer did not want to pay out for the interest on her mortgage for June, so I agreed to close earlier and had a possession agreement drawn up by my attorney allowing me to stay in the home until my NJ home closed on June 15th. I was to pay per diem what my mortgage and taxes were. It was also stipulated in this agreement as follows:
"In the event the seller does not vacate the premises on June 15 2007 the rent shall be increased to $100.00 (from $55) per day beginning on June 16 2007."
*$2500 of my proceeds from the sale were held in escrow to insure my obligations (rent and damages).
*On June 12th I rec'ed confirmation from my NJ attorney that we would be officially closing on my new home on June 15th, so I immediately contacted the selling attorney(NY) and advised the same.
*On the morning of June 15th, I hand deliveried all of the house keys and garage door remotes to the my selling attorney (I handed them DIRECTLY to him), and advised that we were officially removed from the premises.
*Since June 20th, I've been playing a cat & mouse game with the selling attorney in trying to get him to return my phone calls, and I suppose by accident, he picked up my call on June 22nd.
* I was advised by this same attorney that the Buyers attorney is not willing to release my $1600 in escrow since the Buyer did not actually move into my home until the following week, which would be an additional $700, and she is also requesting an additional $100 to reimburse the buyer for the landscaper that was hired as the lawn grew in the time that no one was in the home.
I personally feel no obligation to this buyer for either of these matters as I was out of the home by the 15th and had the lawn tended to 1 week before I moved out. I cannot understand why my selling attorney can not stop this madness.
My question is this: Is this a common problem with these type of agreements? What are my options here? Should I take this to a small claims court? I would really rather try to handle this OUT of the court system, they're so backed up with everything else. And, if it does lead to this, who should I supena, my selling attorney, the buyer, or both?
I understand that we're not speaking of a huge amount of money here, but none the less, it's mine money and I want it back.
I thank you in advance for your reply.
Good morning everyone. Here's my situation.
*Sold my NY home on May 31st 2007. Was originally scheduled to close on June 4th; however, the buyer did not want to pay out for the interest on her mortgage for June, so I agreed to close earlier and had a possession agreement drawn up by my attorney allowing me to stay in the home until my NJ home closed on June 15th. I was to pay per diem what my mortgage and taxes were. It was also stipulated in this agreement as follows:
"In the event the seller does not vacate the premises on June 15 2007 the rent shall be increased to $100.00 (from $55) per day beginning on June 16 2007."
*$2500 of my proceeds from the sale were held in escrow to insure my obligations (rent and damages).
*On June 12th I rec'ed confirmation from my NJ attorney that we would be officially closing on my new home on June 15th, so I immediately contacted the selling attorney(NY) and advised the same.
*On the morning of June 15th, I hand deliveried all of the house keys and garage door remotes to the my selling attorney (I handed them DIRECTLY to him), and advised that we were officially removed from the premises.
*Since June 20th, I've been playing a cat & mouse game with the selling attorney in trying to get him to return my phone calls, and I suppose by accident, he picked up my call on June 22nd.
* I was advised by this same attorney that the Buyers attorney is not willing to release my $1600 in escrow since the Buyer did not actually move into my home until the following week, which would be an additional $700, and she is also requesting an additional $100 to reimburse the buyer for the landscaper that was hired as the lawn grew in the time that no one was in the home.
I personally feel no obligation to this buyer for either of these matters as I was out of the home by the 15th and had the lawn tended to 1 week before I moved out. I cannot understand why my selling attorney can not stop this madness.
My question is this: Is this a common problem with these type of agreements? What are my options here? Should I take this to a small claims court? I would really rather try to handle this OUT of the court system, they're so backed up with everything else. And, if it does lead to this, who should I supena, my selling attorney, the buyer, or both?
I understand that we're not speaking of a huge amount of money here, but none the less, it's mine money and I want it back.
I thank you in advance for your reply.