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Spend $10 and go have your contract recorded at the clerks office and then inform the seller you will take them to court to get your earnest money. If they want to fight you for the next year or more while not being able to sell the property then you will need an attorney but chances are they are not going to want to hold the property for a year or two while this plays out in court and will then release your money to you.
Spend $10 and go have your contract recorded at the clerks office and then inform the seller you will take them to court to get your earnest money. If they want to fight you for the next year or more while not being able to sell the property then you will need an attorney but chances are they are not going to want to hold the property for a year or two while this plays out in court and will then release your money to you.
Originally Posted by cully How did the lender do a second appraisal without you paying for it? Did you pay at the last second?
Hopefully, your deposit is with the real estate company...your buyer broker's. If that's the case, if you can't agree, you need to take legal action.
Quote:
Originally Posted by kww
in my parts, it wouldnt matter if 7-11 was holding the EMD. both parties and brokers need to sign a form releasing it.
MEANING....it would be a lot worse if the money was given to the seller. No idea why that stupidity but it happens in some areas whether that's the appropriate process or just plain ignorance or forgetfulness on the part of the agent. If the seller was given the check it's harder to get it back.
I lost track...you didn't sign off without getting your money back, right? So you can refuse to sign off and that makes it impossible for them to go through with the sale of the house to another buyer. If their buyer threatens them, maybe they'll pay back your money quickly.
Just be aware of the fact that if you mess up the new contract between the buyer and seller that your legal liability may skyrocket, especially if it's proven that you violated the terms of your contract in the first place. You really need an attorney before you do the second stupid thing.
Originally Posted by cully How did the lender do a second appraisal without you paying for it? Did you pay at the last second?
Hopefully, your deposit is with the real estate company...your buyer broker's. If that's the case, if you can't agree, you need to take legal action.
MEANING....it would be a lot worse if the money was given to the seller. No idea why that stupidity but it happens in some areas whether that's the appropriate process or just plain ignorance or forgetfulness on the part of the agent. If the seller was given the check it's harder to get it back.
I lost track...you didn't sign off without getting your money back, right? So you can refuse to sign off and that makes it impossible for them to go through with the sale of the house to another buyer. If their buyer threatens them, maybe they'll pay back your money quickly.
wow, I can't believe that somewhere out there, a buyer is giving the EMD to the seller to hold. stupid risky
wow, I can't believe that somewhere out there, a buyer is giving the EMD to the seller to hold. stupid risky
Sometimes the buyer if its fsbo, sometimes an inexperienced agent. Don't know if there's anyplace that allows it actually but I've seen it happen. Also sometimes an error such as an agent leaving it in the folder with the contract for the seller.
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