In Ontario, the legal principle generally holds that the risk of loss or damage transfers from the seller to the buyer upon closing. This means that any issues discovered post-closing are likely the buyer's responsibility, unless the seller failed to disclose known defects or explicitly provided false warranties.
If a seller backs out without a contingency clause to justify the decision, they could face legal action from the buyer, including claims for damages.
A rough calculation of escrow fees in California usually comes out to $2 per $1,000 of the property, plus $250.
It is typically very hard for a seller to cancel escrow without any valid reason for doing so. A change of mind is not acceptable.
The Department of Financial Protection and Innovation licenses and regulates escrow agents, joint control agents and Internet escrow agents in California.
“Close of escrow” means that both buyer and seller have met the conditions in the homebuying contract and the third party that holds the documents and funds can move forward with the sale.
For example, in Southern California, it is common for the buyer to select the escrow company, whereas, in Northern California, the seller might make the choice.
A Demand to Close Escrow California can give the buyer a minimum of 3 days to get their ducks in a row and close the deal if your buyer is delaying the closing. If this does not happen, you may have the right to sue the buyer for specific performance, effectively forcing them to buy the house.
The cancellation provisions are found in Paragraphs 14C (1) and (2), and in Paragraph 14E of the CA-RPA. Regardless of the reason, the seller must give some type of notice to the buyer, however (either a Notice to Perform or a Demand to Close Escrow) before the seller can cancel.
Be as specific as possible about what the issue is, how you want it addressed and what state it should be in by the time the work is done. Be clear about who you want to complete the work – will you pick the contractor or the seller? Will that person be licensed and provide a warranty on their work?