Earnest Money not refunded

[modster]

Now I am not 100% sure on this, but I think they just changed the laws that if someone doesn't refund the earnest money when they are supposed to, you are entitled to three times the amount, or something like that. (I always know just enough to be dangerous).

I would think your earnest money check would have been made out to a title company, and not the builder. Is that correct?

If so, you need to contact the title company. Give them a written request for the refund. They will then try to contact the builder and if he doesn't respond, they will refund it to you. If he does respond, then you have a problem. If they refunded it to the builder without contacting you, then they would have a lawsuit on their hands.

[shsi]

Thank you for all your help guys. I am still talking to the builder

[brownybaby]

Originally Posted by modster

Now I am not 100% sure on this, but I think they just changed the laws that if someone doesn't refund the earnest money when they are supposed to, you are entitled to three times the amount, or something like that. (I always know just enough to be dangerous).

I would think your earnest money check would have been made out to a title company, and not the builder. Is that correct?

If so, you need to contact the title company. Give them a written request for the refund. They will then try to contact the builder and if he doesn't respond, they will refund it to you. If he does respond, then you have a problem. If they refunded it to the builder without contacting you, then they would have a lawsuit on their hands.

That is correct for deposits on rentals. - if no refund w/in 30 days.