By the way, it's very unusual for a seller to be able to just "fire" an agent. If that agent had a valid listing agreement with the seller, generally it isn't an "at will" contract that the seller can just revoke any time he/she likes without cause. It's possible your real estate agent has a breach of contract case with this seller as well.
Talk to a lawyer, and have your agent talk to their company's errors and omissions insurance people. , who will generally have attorneys on staff to help minimize legal exposure.
Did you have an agent working with you?
It should have been given to your agent and held UNCASHED until you had an offer accepted and an escrow opened. If you had an opened escrow it would have been delivered to the ecrow company. .
If the seller has cancelled the listing with the original agent, then escrow has to be canceled before they can re-list the home with another agent. In this case, once cancellation of escrow forms are signed by all parties the seller would in turn release the buyer's deposit. Especially since the cancellation is not a result of buyer's failure to perform. There is no reason in the case you have outlined for the seller to retain the buyer's deposit.
Is your agent assisting you at all to remedy this situation? If not, contact his/her broker and explain the situation. Perhaps the brokers can get this resolved with out you having to take further action.
Best of Luck to You,
Kawain Payne, RealtorÂ®
If you did not use an Escrow, whom did you give the check to? Who was the check made out to? Was it cashed?
The behavior you describe certainly seems unethical. But I do not see how they can benefit and keep the deposits if there is an Escrow involved.
I suggest you get a real estate attorney to discuss this. If you are under contract and have submitted your ernest money deposit to escrow and escrow is opened, regardless of who the agent is, you have a valid purchase agreement and all must play by the rules of the contract. A contract is a contract.
They cannot sell the house to someone else with a previous accepted offer and an open escrow unless they sign cancellation of the offer/escrow.
Did they open escrow? Who did you pay the ernest money deposit to and in what form?
Your best bet is to talk with an attorney.
If its like a short sale situation and you put money on escrow and your offer has expired and they won't realesse your funds you will have to sue them to get it back.
I would start with putting something in writing telling them what you want, give them a deadline to perform and a consequence (law suit) if they don't.
In case Deposit was made to broker account - then you should contact your realtor/broker to ask them to release deposit back to you.
In case deposit was made to escrow account - you should contact escrow and ask them for refund of the deposit on this transaction.
Ether way it is best to contact your realtor/broker and let them handle this situation.
Hope this info will help you!
Please contact me anytime!
Free Consultation 424-777-9377
Help with any Real Estate Transaction Buy & Sell!
Thank you for your time.
Should you have any questions - please feel free to call me Toll Free: 1-855-TRUST-55 (1-855-878-7855) ext. 777.
President - Realtor
- Trust Sale Realty -
Residential & Commercial Real Estate
Toll Free: 1-855-TRUST-55
Toll Free: 1-855-878-7855
Fax: 310-356-4925 http://www.TrustSale.com