When a real estate sale fails to close, buyers and sellers sometimes disagree as to who is at fault. While real estate contracts invariably contain provisions governing disposition of the earnest money that are designed to protect the escrowee, it is crucial for the escrowee, caught in the middle of conflicting claims to the earnest money, to proceed carefully. Otherwise, the escrowee may find itself with an inadequate award for its attorney’s fees and costs.
A battle for the earnest money (along with all of the other relief each allegedly aggrieved party seeks) naturally ensues. The escrowee is commonly and
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