You have a $5,000- deposit in escrow. I is touch to judge if seller can keep deposit or if buyer's deposit should be refunded if do not have access to escrow instructions. What contingency have been removed or not removed? There are a multitude of reasons for escrow cancellation: professional property inspection, loan approval, final walk-thru. What is the reason buyer is cancelling escrow? Why is seller not signing off escrow instructions.Is there a contingency in instructions stating reasons seller can retain buyer's deposit? Seller's listing Broker and Buyer's Broker has access to escrow instructions and should be able to execute cancellation by both parties and buyer's deposit refunded.
Gail Mercedes Cole
EXP Realty Marina del Rey
The seller who does this really needed to sell that house and is angry. So while he is being a jerk, you take away his ability to sell the house to anyone else. He is more apt to release your funds.
If you need a Buyer's Agent in the future it would be pleasure to assist. We have NEVER lost a buyer's deposit in 25 years in business. Thank you.
Samantha H. Allen, DRE #01499112
"Making Realty A Reality"
Short Sales certified
Real Estate Investment Analyst certified