California Withholdings tax on real-estate.

[Tyler Parker]

I am looking for some advice. I am currently selling my primary residence that I have not lived in for a full year yet. The Escrow company says that it doesn’t qualify as my primary residence because I have not lived there for two years and that I would have to show a loss on the house or I will be stuck paying 3 1/3 percent of the sales price of the home. Has anyone had to deal with this before? 
Thank you.