Best of luck to you.
By the way, regardless of whether you are being represented by the same agent that is representing the sellerâ€”that agent owes you a fiduciary duty to look out for your best interest. In my 23 years of being a Realtor, I have sold many homes where I am both the listing and selling agent and have never had any problems. When you are a professional real estate practitionerâ€”you know how to handle both sides in an honest, ethical and diligent manner, and never loose sight of what your fiduciary duties areâ€”well at least that is how I operate.
Good luck and I hope all turns out well for you.
Real Estate Broker
Realtor since 1987
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I have been following your questions on Trulia.com. You are obviously at odds with the seller and in dispute about the release of the deposit. Donâ€™t you have an agent who is advising you? Your questions are not the difficult to answer. All of the answers to all of your questions could have been supplied by your agent. Probably were if you have an agent. Are you looking for different answers because you donâ€™t like the information that your agent and the on-line community are providing? On the other hand, if you are using the sellerâ€™s agent as your agent, this is a great learning experience for you and for other readers as to why you should, in most cases, have your own agent who looks after your interests and is not spending time trying to serve two masters.
1. Listen to your agentâ€™s adviceâ€¦assuming that it is from your agent and not a dual agent.
2. If you donâ€™t like what you are hearing from your agent, then seek legal advice although I donâ€™t think that advice will be vastly different and it will carry its own cost.
Now if the property was a regular sale, how long in to the contract were you? Did you remove your contingencies in writing? All of these questions should be answered by your agent. This is why you should have an agent that will protect your interests. Look for another agent if this agent is not helping you.
Ask your RE agent to go to bat for you on this, if you are indeed eligible to get your deposit back. If that doesn't help, then you do need to see a RE attorney. Your arrangement with him or her shoud include an agreement that legal fees are to be paid by the seller (who is causing the problem). Good luck!