Home Buying in 60089>Question Details

Jana M, Home Buyer in 60089

Seller will not return earnest money

Asked by Jana M, 60089 Tue Jul 10, 2012

Hi all. My husband and I recently purchased a home. We gave $5,000 in earnest money and scheduled an inspection. During the inspection, two unrelated things happened. One, our inspector found cracks in the siding and two, my husband tripped on a cardboard box that was sitting in their dining room (which he didn't see), fell and broke their china cabinet with his body. We backed out of the contract within the allowed grace period because of the siding issue, but now the sellers won't give us our earnest money back, claiming we owe them $2000 for the china cabinet. How do I get my money back? (By the way, my husband sustained injuries from that fall and missed work.)

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Hello. Talk to your attorney. If your do not have a good one, call Steven Shaykin at 847-285-6100, tell Galina Persky gave this referral. Please, while trying to get the money back, see how much you will spend in legal fees. From my 18 years of experience as an agent, there is always a settlement that one can negotiate. Your case with bodily injuries, broken china cabinet etc. has 2 sides of the story. You really should talk to great real estate attorney.
1 vote Thank Flag Link Tue Jul 10, 2012
How did this work out for you?????
0 votes Thank Flag Link Sat Feb 9, 2013
How was this issue resolved? Did you get your money back?
0 votes Thank Flag Link Fri Feb 8, 2013
Contact your attorney, usually a letter from attorney is enough. And ask yourself a question, are you out for $ or are you out for your $5,000?

On the other hand, you have to understand the seller, how would you feel if someone came to you house and did that?

0 votes Thank Flag Link Mon Sep 10, 2012
Jana M,
You need to discuss this situation with an attorney. In order to have earnest money released all parities must agree to disposition of the earnest money. If all don't agree we can not release the money by Illinois law. Your issue appears to be larger than just earnest money. Contact an attorney to get the advice and representation you may need. We can not give legal advice as we are not attorneys.

All the best,

Gary Geer

0 votes Thank Flag Link Tue Jul 10, 2012
This a legal situation that your attorney should help you settle.
0 votes Thank Flag Link Tue Jul 10, 2012
This should definitely be handled through your attorney. It's a legal issue. Real estate agents are not allowed to provide legal advice.
From my personal understanding - their insurance company also has to get involved.
If you need help finding a reliable real estate attorney - please contact me privately.

Peter Schifrin
VP of Mortgage Lending
224 330 6924
0 votes Thank Flag Link Tue Jul 10, 2012
Call your attorney to handle this for you.
0 votes Thank Flag Link Tue Jul 10, 2012
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