What happens to a deposit if your builder goes bankrupt?

Cathy Goodman
Home Buyer
KC, KS

Answers (3)
Aaron Esfahani
Agent
Montgomery, AL

Well there could be some different scernarios here: 1. if you put your deposit with a Realtor then your money should be safe in escrow and can be released with both parties signatures. 2. if you put your deposit solely with the builder and he is indeed bankrupt, then you could have lost your money or might get a fraction of it back one day. I really don't know what exactly happened but I hope you get your deposit back!

Sat Dec 12 2009, 21:30
Barry Lynn Mill...
Agent
Pell City, AL

The good thing is that the listing agents broker should have the funds in escrow per Alabama Law and therefore your money is protected but you will need to have a waiver signed by seller/builder to release

Tue Sep 2 2008, 18:56
Lynn911.com Dal...
Agent
Dallas, TX
FIRST ANSWER

GREAT QUESTION: Is the deposit/escrow/earnest money/funds at the title company? If yes you will need to contact the title company and have the builder release funds. Formal agreements would need to be signed between you and the builder instructing title company release/return those funds back to you.

If the deposit was paid to the builder direct you MOST LIKELY need to file legal action against the builder along with all the other creditors. Contact a real estate attorney for assistance
http://www.lynn911.com http://www.homes-for-sale-dallas.com

Web Reference: http://www.lynn911.com
Wed Jul 30 2008, 08:55

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