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Have you called your bank to see if the check was deposited or cashed or what?
I'd call the broker/owner of the company and give him a certain number of hours to investigate and get back to you.
Since the house is under contract to someone else one could make the argument that the agent was trying to sell the same house twice which is illegal. Get them moving.
Did you get your check back yet? If not, stop payment so you don't have to worry about it anymore.
EDIT: If you haven't gotten it back, I'd complain to the broker, if not higher up. There's no reason for the realtor to have delayed so long to take care of this simple matter. If they can't tend to this in a timely fashion, how could you trust them to take care of a closing for you?
Last edited by jackmichigan; 03-26-2013 at 02:48 AM..
Are you actually worried about the money? The money can't be cashed. There is no contract to cash it against. Many times, I hold earnest money checks for the next house they submit an offer on. What is the reason you're so worried about it?
Seriously? With money you can't be to careful, especially when you cross paths with other people. If a check is written it can be cashed, the bank certainly will not check any contracts.
Seriously? With money you can't be to careful, especially when you cross paths with other people. If a check is written it can be cashed, the bank certainly will not check any contracts.
That check has the name of a title company written on it. The title company isn't going to cash something without it being tied to an address they have in their file.
And even if it had the name of a Broker, the broker isn't going to cash a check without it being tied to one of their transactions. Realtors/Brokers cannot co-mingle funds so if they have no purpose for the money, it has to be returned to the buyer. This is not a blank check that any Joe Blow can cash.
That check has the name of a title company written on it. The title company isn't going to cash something without it being tied to an address they have in their file.
And even if it had the name of a Broker, the broker isn't going to cash a check without it being tied to one of their transactions. Realtors/Brokers cannot co-mingle funds so if they have no purpose for the money, it has to be returned to the buyer. This is not a blank check that any Joe Blow can cash.
The check was made out to the broker. My agent informed me that she has it in her possession and will return it to me.
Have you called your bank to see if the check was deposited or cashed or what?
I'd call the broker/owner of the company and give him a certain number of hours to investigate and get back to you.
Since the house is under contract to someone else one could make the argument that the agent was trying to sell the same house twice which is illegal. Get them moving.
This.
Something similar happened to my oldest daughter a couple years ago. The house didn't pass septic inspection so her offer was negated. Three months later there was still no refund of her earnest money and the check had been cashed the day after the inspection came back bad. Played tag with the agent and broker, finally had to write a letter demanding the refund within three days or a complaint would be filed the Real Estate Commission. She got her money back drawn on the agency's account.
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