If I was in a contract and the seller or bank lets it expire can I get my earnest money back?

Nmusgrave
Home Buyer
79925

I was in a contract with a short sale home and my contract expired while waiting for the bank. The back accepted the offer but I havnt signed the addendum yet. I paid an inspector to go threw the other day and only did half the inspection and said there were way to many problems that were major. Im backing out of it but do I get my earnest money back?

Answers (6)
Bruce Lynn
Agent
Texas

What does your agent or broker say?
My guess is yes, but obviously we have not seen your contract.
If I understand correctly you now have a "counteroffer" from the bank and you have decided not to accept or will reject their counteroffer.

Good luck.

Thu Jun 25 2009, 06:01
Rich Littlefield
Agent
Huntington Beach, CA

It depends on what state you are in and the rules in your state. In California the answer is simply yes.

Tue Jun 23 2009, 17:22
Tom Burris
Mortgage Broker
or Lender

Dallas, TX

What Jackie said:

Did you have a buyer's rep?

Tue Jun 23 2009, 17:12
Jose E Garza
Agent
Austin, TX

Totally agree with both Rick and Jackie, however, you should ask your REALTOR@ first about your chances, if you didn't hire one to represent you in this transaction, consult with a real estate attorney.
I have noticed an increase on legal related questions from consumers on this forum, to what I deduct that the number of consumers acting "solo", without the help of a professional, is growing accordingly. Most of the problems a consumer face, like the one you are facing now Nmusgrave, can be easily prevented with a simple phone call to a REALTOR® before an offer to buy a property is presented.
Hope you'll find the help you need.

Tue Jun 23 2009, 17:02
Rick Snow
Agent
El Paso, TX

People often think we REALTOR®s duck these kinds of questions with double speak, but the reality is we must be very careful not to be percieved as practicing law without a license. As Jackie said there are just way to many possibilities here to give you an answer using the information given. Your best bet would be to contact a real estate attorney. Good Luck

Web Reference: http://viewelpaso.com
Tue Jun 23 2009, 15:51
Jackie Rankin
Agent
Fort Worth, TX
FIRST ANSWER

There are to many variables to answer this one without knowing all the details of the contract and the addendums. What does your Realtor say?


Jackie

Tue Jun 23 2009, 14:30

Didn’t find what you were looking for? Ask a question!

Search Advice & Opinions

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 140
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback