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Response from Blue Water Escrow Management: We strongly disagree with the below response. The following are the real facts regarding this dispute. As expressly stated and mutually agreed to by both Buyer and Seller in the Contract and Escrow Instructions, Blue Water Escrow disbursed a portion of the Buyer’s earnest money deposit to the Property Management company to order and deliver HOA documents to the Buyer during their contingency period. The Buyer then independently choose to cancel escrow, within their allowable cancellation rights, and in contradiction to the signed agreement demanded their entire earnest money deposit, including the amount deducted for HOA documents to be returned to them. The only amount in dispute of release was the HOA upfront costs.
The Buyer later brought a Small Claims Court action against the Seller and Blue Water Escrow to return the deducted HOA document portion of their deposit to them, which accounted for less than $1,000.00. The case was heard in Small Claims Court and the Judge found in favor of the Seller and Blue Water Escrow. Blue Water Escrow was found to have followed the protocol in accordance with the Agreement between Buyer and Seller, and the Buyer lost their case. The Buyer received their earnest money deposit back less the amount deducted from the Property Management Company.

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