Closing escrow Friday- seller keeping future rents
I’m in a bit of a jam. I’m scheduled to close escrow and record with Kauai on my newest short term vacation rental this Friday. My loan was funded today and all the documents are handled. I thought this was a done deal.
In the purchase contract we agreed to honor all future reservations and the seller agreed to forward by way of cashiers check the tota rents, taxes, cleaning fees etc to me for said future bookings.
She mailed the check to HER realtor today and told him not to deliver it to my realtor until Friday after it records. I insisted my realtor find how how much the check was for just to make sure...
Sure enough the check was for around 11k, when it should be closer to 30k. She blatantly tried to short me and was hoping it wouldn’t be discovered until after it recorded.
My realtor got escrow to push closing a few days to figure it out.
My question is, if she decides to just not pay it, can I simply cance the reservations and rebook my own? I don’t want to lose the condo so backing out isn’t really An option. My realtor said I might be in a grey area because I contractually agreed to honor all existing reservations, but that was based on the stipulation that she forwarded the payments received by the guests.
Where do I stand?