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If Your Buyer Balks at COE In California, the seller can give the buyer a Demand to Close Escrow. If the buyer doesn't close escrow within the time frame outlined in the document, the seller can cancel the escrow and move forward to retain the earnest deposit.
You must make a written request to your lender or loan servicer to remove an escrow account. Request that your lender send you the form or ask them where to obtain it online, such as the company's website. The form may be known as an escrow waiver, cancellation or removal request.
The easiest way to get out of an escrow is to withdraw before your contingency periods expire. Canceling escrow after you have waived or removed your contingencies usually entitles the seller to your earnest money deposit unless the seller has somehow breached the contract.
You need to be sure to terminate the contract in the correct way - using the correct form - in order to protect your client. According to the North Carolina Offer to Purchase and Contract, both the Buyer and Seller have the right to terminate the contract in certain instances upon written notice to the other party.
According to California escrow law, escrows are voluntary, but cancellation can occur only with the written consent of both parties. This is established when the escrow instructions are made.