Home Buying in Newton Center>Question Details

Ying, Home Buyer in Newton Center, MA

I need an attorney to get big deposit back from listing broker.

Asked by Ying, Newton Center, MA Tue Nov 23, 2010

I put a big amount of deposit to the list agent for a short sale house and I need an attorney to help me to get deposit back. The legal fee will be on a contingency basis. Please leave your contact info such as phone or email address. Thanks.

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Nice conversation we are all having amongst ourselfves. like to see some feed back from Ying.

I'm sure there's more to the story, none of us fine realtors would ever do that to a buyer or we'd be out of business.
1 vote Thank Flag Link Wed Nov 24, 2010
Just get the phone book, call five and ask them how much they charge.
1 vote Thank Flag Link Wed Nov 24, 2010
Short Sales is taking longer than a normal sales, many buyers change their mind in a middle of waiting game. Buyers should be well advised before making an offer on short sales. To get the deposit back is not too easy, and not too difficult if the seller agree to. My best advice would be, trying to work something out the the seller first.
Web Reference: http://www.teanwong.com
0 votes Thank Flag Link Tue Nov 1, 2011
YIng has your buyers agent had you sign a release and sent it to the listing agent? Have you past the dates in your contract therefore nullifying the contract which would mean an automatic release of funds? Did you have an Attorney look at the contract before you signed it? Have you contacted them first? I have experience in this area and you can contact me at 508-277-2032.
Heidi Zizza
Web Reference: http://www.mdmrealtyinc.com
0 votes Thank Flag Link Wed Nov 24, 2010
Hi Ying, Has a release form been signed by both you and the seller? Without a mutually signed release form the listing agent or escrow agent is unable to return funds to either party. You absolutely need an attorney and you should be documenting each and everey conversation that you have with anyone regarding your funds.
Best of luck.
Web Reference: http://www.route495.com
0 votes Thank Flag Link Wed Nov 24, 2010
Ying the listing broker has a specified amount of time to return the deposit after you submit a release of escrow in writing, an additional tool you have is to contact the MA Real Estate commission and file a complaint. You should also cintinue with your plan to meet and hire a local attorney to assist you.
0 votes Thank Flag Link Wed Nov 24, 2010
In would recommend contacting crowley and cummings in dedham. http://www.crowleycummings.com they are real estate only attorneys with over 30 yrs experience. 781-251-0540 ask for alicia cummings or dave crowley
0 votes Thank Flag Link Wed Nov 24, 2010
call me and I can give you some great recommendations.

Louis 617-799-3326

Representing Greater Boston's Finest Builders and Communities - Brookline, Dover, Needham, Newton, Wellesley and Weston.
Web Reference: http://www.LouisWolfson.net
0 votes Thank Flag Link Wed Nov 24, 2010
Hello Ying,

A great resource for finding good Attorneys is http://www.Martindale.com. You want an AV rated Attorney (the highest rating). Martindale is a peer rating service and does not sell the ratings to the highest bidder. The Attorneys are rated by other fellow Attorneys and I have found it to be the best source for good experienced Attorneys of all fields.
Web Reference: http://www.martindale.com
0 votes Thank Flag Link Wed Nov 24, 2010
First of all, you should've been using your own attorney whenever persuing a short sale, even if the listing doesn't allow for attorney modification or review. You should also consult with your buyers agent if you do have an exclusive buyers agency agreement. In the absense of these I can say the following:

I have a great attorney to contact. An excessively large deposit for any real estate transaction (eg. greater than 5%) can be a big problem for a listing office to hold in escrow, even for liquidated damages per our errors & ommission attorney. Something that listing agents should be aware of.

Felix J. Consilvio
92 High St.
Suite 27
Medford, MA 02155
781-396-8675 or his assistant juliefjcatty@verizon.net

Hope this helps,
Web Reference: http://www.MedfordHouse.com
0 votes Thank Flag Link Tue Nov 23, 2010
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