I couldn't find a good category for this...Last year, we put an Earnest Deposit down on a home with a contract contingent on getting financing. We weren't able to get it, so our agent and the overseeing agent both said that we were legally entitled to it, but the seller refused to sign it. He got a different agent and sold his house a few months ago. He had threatened to sue us, etc, but never followed through. At this point, our agent refuses not only to ask him again to sign (which he should have no problem with since his house sold) nor will she give us the proper information for proceeding on taking him to court. Does anybody know what the right course of action is? We are kinda ticked off, we know she doesn't want to help because we won't make her any $$.Answer Question
Asked by Anonymous at 9:03 AM on Jul. 12, 2010 in Money & Work
Answer by jreneei at 9:11 AM on Jul. 12, 2010
First of all what state are you in? If the seller is holding your deposit on his house that he sold, but not to you, then he needs to release that money immediately. It should have been in an escrow account. Your real estate agent should have taken care of this for you. Depending on what state you are in, go to the owner of the real estate company. The bank that is holding the escrow account, the attorney general, the consumer protection board, or the real estate agent/broker licensing board. If by some chance your agent didn't file the proper paperwork the seller might be entitled to keep the earnest money for breach of contract, but then you should be able to sue the agent for not doing the paperwork in such a way to protect you. A single call to the agents boss might clear this up. Or you might have to find the right government agency in your state to straighten this out for you.
Answer by LoveMyDog at 9:19 AM on Jul. 12, 2010