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RETURN OF YOUR ESCROW DEPOSIT

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SOUTH FLORIDA REAL ESTATE LAWYER

FLORIDA “AS IS ” REAL ESTATE CONTRACTS HAVE MANY TERMS AND DATES THAT IF THE BUYER IS NOT CAREFUL, AND NOT REPRESENTED BY A REAL ESTATE LAWYER THAT IS MONITORING THE DEADLINES, YOUR ESCROW DEPOSIT COULD BE PLACED AT RISK.

THE ESCROW DEPOSIT IS THE EARNEST DEPOSIT OR MONEY PUT DOWN ON A CONTRACT TO SECURE THE PROPERTY.  IT IS USED ON ALL REAL ESTATE CONTRACTS AND PLACED IN AN ATTORNEY TRUST ACCOUNT OR REALTOR BROKER ESCROW ACCOUNT AND HELD UNTIL THE END OF THE TRANSACTION.

IF AN AS IS CONTRACT REQUIRES FINANCING, THE FINANCING CLAUSES OF THE REAL ESTATE CONTRACT WILL HAVE SPECIFIC DATES TO APPLY FOR THE LOAN AND TO OBTAIN A CREDIT OR LOAN APPROVAL. IF THE BUYER IS NOT CAREFUL OR IS NOT ADEQUATELY REPRESENTED, MISSING THOSE DATES COULD HAVE SERIOUS CONSEQUENCES INCLUDING THE FORFEITING OF YOUR ESCROW DEPOSIT TO THE SELLER.

A REAL ESTATE LAWYER WHO IS EXPERIENCED IN REAL ESTATE LAW NOT ONLY GUIDES YOU THROUGH THE CONTRACT MAZE BUT PROTECTS YOU AT EVERY CORNER.

IF THE SELLER IS WANTING TO KEEP THE DEPOSIT, THEN THERE ARE MANY WAYS TO MAKE SURE THAT DOES NOT HAPPEN.  WHETHER DENIAL LETTERS ARE TIMELY PROVIDED, OR INSPECTION PERIODS NEED TO BE EXTENDED, HAVING THE RIGHT ATTORNEY IN YOUR CORNER MAKES ALL THE DIFFERENCE.

WHETHER YOUR DEPOSIT IS IN JEOPARDY OR WHETHER YOU ARE JUST ENTERING INTO A REAL ESTATE CONTRACT, CALL US TODAY SO WE CAN HELP YOU NAVIGATE THE REAL ESTATE HOMEBUYING MAZE.

WITH OVER 20 PLUS YEARS EXPERIENCE IN THE REAL ESTATE LEGAL FIELD, ATTORNEY JACQUELINE SALCINES AND HER KNOWLEDGE CAN MAKE THE DIFFERENCE BETWEEN KEEPING A DEPOSIT OR FORFEITING IT.  LET OUR EXPERIENCE GO TO WORK FOR YOU. CONSULT TODAY.

TRUST   |   COMMITTMENT  |  RESULTS

JACQUELINE A. SALCINES, ESQ.
OWNER/FOUNDER
706 S. DIXIE HIGHWAY  2ND FLOOR
CORAL GABLES, FL 33146 
(305) 669-5280   J.SALCINES@SALCINESLAW.COM
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Real Estate Closing and the Deposit – What to do after the deal falls through

SOUTH FLORIDA REAL ESTATE LAWYER

If an AS IS Contract for Purchase and Sale of Real Estate falls through, who is entitled to the deposit?  Often realtors send over a Release and Cancellation form, wanting the seller to simply release the deposit, when the buyer has breached the contract and not met their end of the bargain.

Issues such as non-approval by a Condominium Board or Homeowners Association, inspections and repair matters, denial of credit due to financing or the building not being FHA or approved, all arise and lead to the buyer wanting to cancel the contract.

The Real Estate Contract however calls for strict timelines as to when a buyer can cancel and how they are entitled to. There is also procedure in place as to how to communicate the buyer wishes to cancel and a timeline.

If the buyer does not follow proper procedure, they can simply forfeit their deposit and the seller would be entitled to it.

In my practice, I  represent both buyers and sellers and their attempts to go after deposits they feel are rightfully theirs.  A cursory review of the real estate contract however, may reveal that the buyer or seller did not do what they were required to, either by the lack of advice by their lender or title company and then they have forfeited the deposit or their right to pursue it.

At the Law Offices of Jacqueline A. Salcines, PA, we have over 20 years experience assisting both real estate buyers and sellers with the negotiation of deposits and entitlement to them.  The most important step and first step is to make sure you are represented at closing and throughout the real estate transaction by an attorney.

If you have a real estate or earnest deposit issue on a real estate transaction, contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all your real estate and business law needs  for over 20 years.

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

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FLORIDA REAL ESTATE ATTORNEY – ESCROW SERVICES

SOUTH FLORIDA REAL ESTATE LAWYERS

ESCROW DEPOSITS HELD IN TRUST

Are you purchasing real estate in Florida?  Selling real estate in Florida? Are you about to enter into a real estate contract and relying on your realtor to hold your escrow deposit? Cases of escrow deposit comingling or fraud are on the rise.  Escrow agents in Florida hold a fiduciary duty to the buyer or seller to hold escrow deposits on real estate contracts in a special account, not comingled with personal funds, until the conclusion of the real estate transaction.  In my firm, when I represent sellers, I always have the escrow deposit held in my firm’s trust account, to guarantee that the escrow deposits are in fact made, are held during the pendency of the real estate closing, and disbursed correctly at the time of closing. 

As a buyer, you want to make sure your escrow deposit is safe and not in the hands of someone that could use the funds and commit theft or fraud.

Whether you are about to sign a contract and need an Escrow Agent or require the services of a competent, real estate attorney,  allow the Real Estate Law Firm of Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end, including the safekeeping of your escrow deposit.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Escrow Agent
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

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