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What should I do as an OOS seller who has closed and is having problems getting a repair done?

I have moved out of state, but my agent went above and beyond to assure me that after the closing, they would be very willing to help me resolve a remaining repair issue that the buyers wanted. Now almost 2 months later with my funds still tied up in escrow w/the closing attorney, it's still nowhere near getting completed when we (sellers & buyers) had a contract that it would be done very soon from now and in spite of our efforts to keep regular communications with our agent to try and get the process moving. The agent has been seeming less responsive lately (honestly ever since closing... fishy?) and I am getting worried. How do I resolve this matter? If need be, what legal recourse do I have?  Even though my listing agent gave me their word that they would assist with whatever needed to be done after closing, are they not legally obligated (and possibly don't care anymore since they've already gotten paid)??  It kills me to think that they would be that way. 
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October 26 2013 - US
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Answers (5)

Call the broker
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October 26 2013
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Yes that is correct.
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October 26 2013
Getting a permit for an addition which was done previously without a permit?

So I take it the local government is involved correct?
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October 26 2013
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Thanks for your suggestion and input.  That's correct, except we were told to put in 3X the estimated cost so yes, we should definitely be getting a refund.  It's actually to get a permit for an attachment on the house.  My understanding is that it's not defective per se, but just that it needs a permit. 
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October 26 2013
I doubt you have any legal recourse against the agent. I am not a lawyer but I can't imagine that the agent would be bound in any way to being responsible in any way. Since your lawyer has the escrow they could answer that. You do not mention what needs to be done and what the escrowed funds are to cover. Would it not be to your advantage to take the bull by the horns and contact someone, to do what ever is needed, to make the repairs? I assume you are concerned only because it is customary that escrowed funds, for a repair, are usually 1.5 times what is assumed it will cost and so you think you have some refund coming your way when completed.

Tell us what needs to be done and it might be more clear what you should do.


tim
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October 26 2013
 
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