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Old 04-23-2019, 09:21 AM
 
66 posts, read 64,091 times
Reputation: 286

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So, I posted a thread yesterday about a house I was thinking of walking away from. I made the decision to cancel the offer and get my earnest money back. Here's where this just gets worse:


The seller (a flipper) and her selling agent (whose brokerage is apparently more of an investment group than an actual brokerage) chose to have the earnest money held by a title company. The title company wants their cut. So now, I am going to lose $300 of my $1,000 earnest money. I was never provided a fee schedule from the title company. They were hired by the seller, not me. What are my remedies besides suing these people in small claims after the fact? I am incensed!
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Old 04-23-2019, 09:24 AM
 
66 posts, read 64,091 times
Reputation: 286
I did sign a joint escrow agreement though. Am I totally screwed?
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Old 04-23-2019, 09:28 AM
 
3,248 posts, read 2,458,386 times
Reputation: 7255
You might be. What does your contract state? What is your agent advising?
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Old 04-23-2019, 09:32 AM
 
66 posts, read 64,091 times
Reputation: 286
Well my agent never advised me that I would lose this money if I canceled the offer due to the inspection contingency. In fact I was told by him that I would get my entire earnest money back.
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Old 04-23-2019, 09:37 AM
 
Location: Rochester, WA
14,496 posts, read 12,134,812 times
Reputation: 39084
Title companies don't do that here. Clients get their entire earnest money back.

Call and talk to the title company directly. And voice your complaints to them!.
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Old 04-23-2019, 09:42 AM
 
66 posts, read 64,091 times
Reputation: 286
I've already spoken to the title company. That's where I got the $300 fee quote. Hell, now I'm concerned that the seller will refuse to even sign the release of funds document. I'll get nothing back until all parties have signed.
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Old 04-23-2019, 09:50 AM
 
Location: Cary, NC
43,314 posts, read 77,154,614 times
Reputation: 45664
Quote:
Originally Posted by ChicahgoChicahgo View Post
I've already spoken to the title company. That's where I got the $300 fee quote. Hell, now I'm concerned that the seller will refuse to even sign the release of funds document. I'll get nothing back until all parties have signed.
Push for it, and then ask your agent to make you whole for getting you into this circus.
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Old 04-23-2019, 09:51 AM
 
Location: The Triad
34,094 posts, read 83,010,632 times
Reputation: 43671
Quote:
Originally Posted by ChicahgoChicahgo View Post
What are my remedies....
#1 get the $700
#2 get a buyer oriented real estate attorney


Don't SIGN anything esle until you're retained the attorney.
That includes any future sales contracts.
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Old 04-23-2019, 09:57 AM
 
66 posts, read 64,091 times
Reputation: 286
I have an attorney. I've already sent an email notifying her of the situation.


As for my realtor, I chose him because I'm also selling my condo and got good referrals for his selling abilities, but now I'm kicking myself a bit.


The day of the inspection, after we had just gone through a mess and were very disappointed, he decided to pull out the mutual exclusivity realtor paperwork and get us to sign.
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Old 04-23-2019, 09:59 AM
 
Location: Cary, NC
43,314 posts, read 77,154,614 times
Reputation: 45664
Quote:
Originally Posted by ChicahgoChicahgo View Post
I have an attorney. I've already sent an email notifying her of the situation.


As for my realtor, I chose him because I'm also selling my condo and got good referrals for his selling abilities, but now I'm kicking myself a bit.


The day of the inspection, after we had just gone through a mess and were very disappointed, he decided to pull out the mutual exclusivity realtor paperwork and get us to sign.
mutual exclusivity realtor paperwork

What is that?
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