Hi Deborah,

Whether either party can get out of the contract for missing appliances or a missed closing date can be questionable. Do you have earnest money in escrow? Does your contract state that they can try and recover more damages from you than just the earnest money if you back out, or does it state that your earnest money is their only recourse?

You got an attorney - that was smart. The next thing you can do is read every word of your purchase and sale contract and all addenda and be your own best advocate. Another good resource is your escrow officer. Ask them what kind of arbitration or other options you may have. Relax and know that these things can take time to straighten out - if you have acted in good faith you will prevail in the end!

Good luck!
Meredith Laws

You have no choice but to consult an attorney that knows real estate. If you have and agent they can likely give you some names. However without knowing what and how the actual contract s written I couldn't speculate on what is going to happen. At first glance I have three thoughts. - 1. If the appliances are listed in the contract, they are supposed to stay in the house. 2. Not knowing why you couldn't close the three times, that could be a issue for you depending on the reason why and the contract, 3. Look for a mediation clause in the contract that will likely spell out the next steps. But that being said it is never a fun or quick scenario when contracts go bad, regardless of who is at fault. But soley based on what I see I am not sure who is right or wrong, and it is possible both parties may be both.

You really should get a real estate attorney to assist you however i will give some thoughts from past experiences. You should put your release reuest in writing based on teh fact they could not close as of teh specified date on the contract, you could add the fact abvout the appliances but that alone isnt reason to be released, you could sure them for specific performance and at closing the money for the missing or broken items could be put an an escrow until it is ruled on at which time you would get the money or not. Your best bet is teh closing date. I would ask your agent to fill out a realse fronm contract form and release of escrow money request. keep copies. if tehy refuse you can request the deposit be placed with the court and request a hearing. There should be a clause in the purchase and sales that states what happens in case of a dispute. In that case the listing broker has to pay teh money to the court less court cost. The judge will have a hearing and make a ruling. this is your best bet and you do not need a lawyer for it. do it right away and document everything including why it hasnt closed. goo dluck