In what situations would I get my earnest money deposit back?

[lvoc]

Originally Posted by Silverfall

Typically non-refundable means that it isn't subject to a return to the buyer based on contingencies. The seller keeps it no matter what. You really need an attorney to read over your contract and see what you agreed to.

I am with Silverfall...non-refundable means non-refundable. I have clients that might chose to make a non=refundable deposit...in fact we have demanded it for our seller in certain very long escrow situations.

If you don't really mean it don't do it...

[MikeJaquish]

Originally Posted by MikeJaquish

Read ALL of Paragraph 12 on Page 002.
I see no dates on the agreement. Has it been more than 30 days?

Relevance of Paragraph 12 in your situation is a good question for your attorney.

Originally Posted by johnsorious

Agreement is still good for about 40 days

Your answer does not fit the note in Paragraph 12. It says "30 days" and you say "40 days."

I strongly suggest you get your contract in front of a real estate attorney ASAP.
Tomorrow morning would be a good time to do so.

[jackmichigan]

Originally Posted by jackmichigan

Get an attorney to handle your closing and do your best to meet the contract terms.

^^^^^This. Don't put too much stock in the other stuff I wrote (I read in haste, now repent in leasure).

While the standard contract clearly gave you a number of "outs", writing "non-refundable"--without context or qualification--puts in question the applicability of those clauses. All contracts are subject to interpretation, however, so it's not clear-cut. Again, get an attorney and do your best to fulfill the contract terms.