Home Buying in 28202>Question Details

sixburgh90, Home Buyer in Charlotte, NC

Having issues getting my ernest check back from my realtor (And yes i should get it back and even she says I will)?

Asked by sixburgh90, Charlotte, NC Mon Jul 22, 2013

She keeps saying it should be mailed out, but I never receive. I don't think it's actually mailed out or will be. Any advice on how to get it back or who to contact? Thanks all!

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Go to the Agents Broker,
I would walk-in, not phone.
1 vote Thank Flag Link Mon Jul 22, 2013
Contact the Broker of the firm and request information. They will see to it that you get an answer to your request. If for any reason this does not help get your attorney involved.
0 votes Thank Flag Link Tue Jul 23, 2013
It sounds like they may be waiting for a signature form the seller. In North Carolina when you terminate a contract you have to sign a termination form. In addition the seller has to sign it as well. Even though you are entitled to it they cannot legally release it without the seller signature on the termination form.

I am surprised your Realtor did not tell you they are waiting for a signature form the seller if that is the reason...I would ask to see a copy of the form immediately. This will tell you if they have both signatures. If they do then you can demand your check ASAP. If not then I would be insisting on them finding out why they told you something not true and report them to the Real Estate Commission.

If they have all the signatures and you just have not gotten it and do not think they have sent it then I would call or vist the office and ask to speak to the Broker In Charge. That person can help you out with getting your earnest money back ASAP. That person is in charge of the office and should be able to give you an honest answer and expedite a check for you.

Dave diCecco
Coldwell Banker United
0 votes Thank Flag Link Tue Jul 23, 2013
I would suggest you call the Realtor's office and ask for the Broker in Charge and when you speak with them I'd simply say that you're coming into the office tomorrow to pick up your earnest money deposit check and that if for any reason it's not there when you arrive you will be opening up your phone right then and there and calling the NC Real Estate Commission - (919) 875-3700 and filing a formal complaint. If they tell you the Seller hasn't signed off I'd tell them they had better make it their number one priority for the day to get the signature, that you don't care, and that you have no empathy, that you'll file the formal complaint and let them explain things to the real estate commission. If they tell you that they have mailed it, ask them what day it went out, what address it was sent to and what the check number was. If it's been more than 5 days since it was mailed I'd tell them they can cancel it and write another and you'll be in to pick it up. I'd tell the Broker in Charge that you're already upset, and that any further delay will result in your filing a formal complaint.
0 votes Thank Flag Link Tue Jul 23, 2013
The seller has probably not signed the release. Even though you can cancel for any reason or no reason during due diligence, the seller still has to sign the cancellation form. If they have not that could be the problem.
0 votes Thank Flag Link Mon Jul 22, 2013

Have you received a copy of the fully executed Termination? If so, I would contact either the Attorney or Firm holding such Escrow and ask when you might be able to pick up your check. If you have not received a copy of the fully executed Termination then you might need to start there.

0 votes Thank Flag Link Mon Jul 22, 2013
Call the agents office and ask for the broker in charge....referred to a the BIC. Explain you situation and allow them to find out what is going on. Please remember that in NC all parties, buyers and sellers must agree to return the earnest money and sign a form so stating. Sometimes getting all signatures takes longer than everyone would like.
0 votes Thank Flag Link Mon Jul 22, 2013
Wisconsin has laws regarding the amount of time that they have to send it out. Check with the laws in your state and as Ron said, go to the broker's office.
0 votes Thank Flag Link Mon Jul 22, 2013
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