I'm surprised that it sold before your deposit was addressed.
As Lance and Don stated, both the buyer and seller must agree to release. If the Seller can not be found then the Escrow Holder will have file for an interpleader.
It shouldn't be difficult. Technically, both you and the seller must agree to its release. However, considering that the house was sold there shouldn't be any problem with the seller agreeing to release your deposit.
With all the paperwork done, it should really only take a matter of days.
Hope that helps.
Recently I had an unfortunate incident where the seller used the short sale offer to stop foreclosure. They did not show up at escrow. The agent was no help. We went to Small Claim Court. The seller signed the cancellation to sell. The buyer received the deposit.
Keller Williams Realty
You have received some excellent responses below.
We are located in California and I see that you are located in Florida. This is an issue that is governed by State law.
In California I would recommend that you contact the agent that represented you on the purchase and ask the agent who represented you when your deposit will be returned to you.
If the answer that you receive from the agent is not satisfactory to you, then contact the Broker of Record of the company that agent works for.
If the answer of the broker of record is not satisfactory to you, then contact an Attorney who has a great deal of experience with Real Estate Law in Florida.
It is very likely that you signed provisions that require mediation and if mediatiion fails then binding arbitration. Ask your Attorney about initiating those steps for you.
In most cases this issue will be resolved to your satisfaction by the agent who represents your interests and the agent who represents the interests of the seller, or by their brokers of record.
However if they fail to resolve this issue to your satisfaction in a timely manner (72 hours or less) then I recommend that you consult the Real estate Attorney about the appropriate legal action to take.. .
Charles Butterfield MBA
Real Estate Broker/REALTOR
Cell Phone: (408)509-6218
Email Address: firstname.lastname@example.org
Anyway, call the title company holding the escrow and talk to the title officer handling this account. The escrow officer should provide you with the instructions.
I guess I'm wondering (as are my colleagues) how it came to be that the title company was holding an earnest money deposit for two separate buyers on the same property?
Work with the agent and title company, and this should be cleared up immediately. Good luck!
Grace Morioka, Realtor
Firstly, as per rules (atleast in CA) Escrow can only hold ONE Deposit at a time. If your Deposit was in, then they CANNOT Sell the Property to someone else before they release and return your deposit, before accepting another one! So this is a bit shocking to read. You also need to find out WHICH deposit was in first/ yours or another Buyers.....a visit to the Title Co. for written info would be good!
You should speak with your Realtor, but also Consult Legal Counsel, as this could be a big thing!
All the Best,