Conflict of interest (lawyer, buyer, high school)

[dturczynsk]

Situation:

I am a buyer, I made a good faith deposit, down payments and closing cost of $45,000.00 as required by the Title Company (Escrow). The seller breached the contract (does not want to sell the property) and the escrow did not closed. Instead of me filling a lawsuit, the seller filed a lawsuit to cancel the contract. For 2 years and 9 months I demanded the return of my money. The seller instructed the escrow company to have me signed a cancellation instruction. After I signed my side, the seller does not want to sign their portion. The Title company file an "Interpleader" and now the seller's attorney would be the attorney of the Escrow Company.

Question - Would this be a conflict of interest?

[DMenscha]

I cant imagine that the sellers attorney also represents the Title company. If they do, it seems a clear conflict of interest and you could file a motion to have the attorney removed.

Check with the title company and ask them to substitute their attorney if indeed he is representing both seller and title company.

[inpd]

Originally Posted by dturczynsk

Situation:

I am a buyer, I made a good faith deposit, down payments and closing cost of $45,000.00 as required by the Title Company (Escrow). The seller breached the contract (does not want to sell the property) and the escrow did not closed. Instead of me filling a lawsuit, the seller filed a lawsuit to cancel the contract. For 2 years and 9 months I demanded the return of my money. The seller instructed the escrow company to have me signed a cancellation instruction. After I signed my side, the seller does not want to sign their portion. The Title company file an "Interpleader" and now the seller's attorney would be the attorney of the Escrow Company.

Question - Would this be a conflict of interest?

Get a good attorney involved. Taking nearly 3 years to get your money
back when the seller breached is ridiculous. You'll need to be a b*s*a*d about
it and be really pushy. Don't think twice about shaming the seller into giving you
the money back. A similar thing happened to a close friend. He posted flyers at
the sellers work (he was a high school teacher) and the money was promptly
returned with in 48 hours. Just be truthful and don't slander and you'll be on the
right side of the law.

[Luke9686]

This would be a clear conflict of interest. I don't see what legal ground they have to stand on, or what they're trying to do.

Person wanted to sell, you wanted to buy, put money in escrow, seller backed out, you should have your money back. Get a good lawyer and go after both the seller, the title company, and the attorney. Any attorney that would defend the seller is a slimeball IMO.