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Old 01-28-2012, 02:17 PM
 
1 posts, read 1,746 times
Reputation: 10

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Buyer & seller in the state of CT sign binder for purchase of house. Seller assumes the 1% deposit check was collected & put in escrowed account by the buyers agent. 7 days later buyer backs out of binder stating causes not covered in the binder.

#1 - is the buyer entitled to keep deposit check?

#2 - buyer's agent & real estate agency refuse to confirm the deposit check was collected & placed in escrow.

#3 - buyer & real estate agency direct seller & seller's attorney to direct all questions relating to the matter to the buyer's attorney.

#4 - when buyer's attorney is contacted by seller's attorney, said attorney states she was never engaged to represent the seller.

#5- seller's attorney & RE agent now demand accountability from buyer's agency to the whereabouts of the deposit check. They refuse to answer the question & now direct all questions to the buyer directly.

What are the options the seller has to recoup the missing deposit?
What actions should be brought against the buyer's agency if the check was never deposited into escrow & returned to buyer?
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Old 01-28-2012, 03:11 PM
 
Location: Austin
7,244 posts, read 21,832,489 times
Reputation: 10015
There are already multiple attorneys involved, you need to let them hash it out.
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Old 01-28-2012, 10:06 PM
 
Location: Needham, MA
8,547 posts, read 14,052,273 times
Reputation: 7944
Quote:
Originally Posted by FalconheadWest View Post
There are already multiple attorneys involved, you need to let them hash it out.
Wise advice. If it turns out that no check was ever collected then when all is said and done I would file a grievance with the local Realtor board and licensing authority.
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