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Wrongful Release of Earnest Money to Buyer by Title Company

By Christopher Combs | May 19, 2024

Question: My husband is a USAF jet pilot. We were stationed at Luke AFB for three years, but we were recently transferred to Eglin AFB in Florida. We temporarily are living in base housing, but we wanted to buy a home as soon as possible after the sale of our Glendale home. When we moved to Florida our Glendale home was in escrow for $528,000 with a $40,000 earnest money deposit. All contingencies have now been fulfilled, including financing. The buyer (an LLC investor) now refuses to close escrow because a short term rental buyer just bought the home next to our Glendale home. The title company immediately released the $40,000 earnest money to the buyer. Without the $40,000 earnest money, we can’t start looking for homes in Florida. Does the title company have any liability to us for wrongfully releasing the $40,000 earnest money to the buyer? Answer: Probably…

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Disclosure of Gunnery Range is Required

By Christopher Combs | May 12, 2024

Question: We purchased our retirement home last August in far north Phoenix near the mountains. Our seller was an investor.  Thus, many of the seller’s answers on the Seller Property Disclosure Statement (“SPDS”) stated “unknown as never lived in house, buyer needs to do own research.” At that time of our home purchase we were unaware that the Ben Avery shooting range was across the freeway, although we went to the home several times before purchasing the home. We never heard gun shots as it was the middle of summer and 110 degrees. We are miserable in our retirement home now in the winter months, as gunfire begins at exactly 7:00 am every day and continues incessantly until at least 7:00 pm every night. Is the seller liable to us for not disclosing this inferno/nightmare? Is there a way for us to see the SPDS that the investor received from…

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