How can I get my earnest money back after my husband and I decided we are not going to go thru with the deal on a house because of certain?

Asked by Mrswilliamsnewhome, Memphis, TN Mon May 31, 2010

circumstances. Is there a way to get the money back? And also I want to get a home for myself without my husband can I still do that? If so I need an agent that will help me find a house an agent thats for me and not the seller and leave me hanging with no understanding of anything, just to sign on the dotted line.....HELP

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Tina Evans, Agent, Cookeville, TN
Tue Jun 1, 2010
"MrsWilliamsn" seems you have two issues here...
First: Earnest funds: the contract you presented outlines the circumstances in which a buyer can get earnest funds back. You should go over the contract you signed with your agent. If the circumstances (which you did not state in your initial question) fall under acceptable conditions to have funds returned, your agent will need to give a specific form to the holding agency to get the funds back.
Second: What you are looking for is a "Buyers Agent". All agents have the option of signing a Buyer's Agent Agreement with their client. It then affords the client an agent that will represent only their interest and not the seller's. Some agents have chosen to specifically be only a Buyer's Agent and just represent the buyer. You can check with a local firm or with the local real estate board to find a certified Buyer's Agent.
Third: You can purchase a home in your name may also depend on the personal circumstances you are currently in. Again, you are not specific about why you want to do that,,, but you can purchase in your own name provided your credit and all other necessary aspects to do so are in order.
Hope this helped!
Good luck,
Tina Evans, Broker
CRYE-LEIKE/Cookeville, TN
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1 vote
Aaron Ray, Agent, Memphis, TN
Fri Aug 20, 2010
Mrs. Williamson, I have just joined Trulia's Pro Agent program and saw your questions. I service your area directly and would like to follow-up with you. Will you update me on where you are now since posting your May 31st Questions on Trulia?

Thank you,
Arron Rena' Ray, Realtor & CPA
Broker Associate
Weichert Realtors BenchMark, LLC
901-652-5410 Direct
901-202-2000 Office
901-202-2006 Fax
0 votes
Anna M Brocco, Agent, Williston Park, NY
Tue Jun 1, 2010
What is your agent advising--if you don't have an agent, consider having all related paperwork reviewed by an attorney who specializes in real estate--or review your contract, the answer as to the escrow deposit and it's return can be found in the document. As far as purchasing another property on your own--visit with any qualified loan officer(s) first and see if you qualify for a loan of your own--you may not if you need your husband's income or if you are named on the current note to be--your loan officer will best advise.
0 votes
Linda Anders…, Agent, TN,
Tue Jun 1, 2010
Hi Mrs Williams

When a buyer puts down earnest money the agent always marks the line that says financial contingency then, if your finances fall through you get your money back. If he/she did not mark that box sometimes a seller will negotiate half of the earnest money. If you are back out of the loan and there are not enough funds for the loan that could mean a financial. That is up to the mortgage company and they have to give you a denial letter for the seller. The reason for earnest money is the seller looses prospective buyers when the house is taken off the market and they want to be sure you will go through with the closing.
As far as you being able to buy a house on your own, if you are working and have good credit you can call a mortgage company or bank and let them pre-approve you and there is no reason you couldn't buy one on your own. As far as finding a Realtor who will work for you there a lot of good Realtor's that will go the extra mile for you. Ask the Realtor questions you want answered. They should give you a buyers agent printout on what they will do for you, and if a Realtor does not follow through you can withdraw from them. Another agreement we have in our office is a designated buyers agreement. Always read your offer agreement before letting the agent submit it to the seller, and if there are things you do or don't agree with the agent can change it.
I hope this helps
Linda Anderson
Exit Realty Music City
Franklin TN
0 votes
Bill Eckler, Agent, Venice, FL
Tue Jun 1, 2010

Generally, the conditions that outline your entitlement to the return of your escrow money are outlined in your contract. It would be beneficial to review this document carefully relative to this.

Your agent, his/her broker, or and attorney could assist you with understanding these terms if required.

Good luck

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