How do I get my earnest money back when owner has not made the agreed upon repairs? Also, the survey was not submitted in time.

Asked by Gissel Valdivieso, Houston, TX Thu Mar 22, 2012

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10
patsy_slaugh…, Home Buyer, Houston, TX
Sun Oct 7, 2012
How do I get my ernest money back if my contact did not have a date of excution and I did not get my HUD statement 24 hours before closing. The HUD statment was not correct so I did not close on the home.
0 votes
Carolyn Wol…, Agent, Houston, TX
Fri Mar 23, 2012
All of the answers should be in the executed purchase contract. If you do not have a buyer's agent, then contact the title company where the earnest money was deposited, and/or contact a Real Estate attorney.
0 votes
I do have a buyer's agent but I don't feel this person is representing me to my benefit.
Flag Fri Mar 23, 2012
Stephen Will…, Agent, Houston, TX
Thu Mar 22, 2012
The best approach would be to request the earnest money back from the seller in writting, if not I would suggest contacting a real estate attorney. If an agent was involved in the transaction and represented you their broker should be able to assist you. Sometimes in cases like this with good negotiation and understanding from all parties it can be worked out. Was mediation an option in your contract if so that will be an additional option for you. Hope you can resolve the contractual issues that you are experiencing.
0 votes
Terry Kraemer, Agent, Houston, TX
Thu Mar 22, 2012
This is why you need a buyers agent to help you in a transaction. I am assuming that if you are asking this question here then you probably went it alone. Like the other agents before me there are many variables that come into play here to correctly answer that question. You don't get your earnest money back simply because seller didn't do repairs or because of an untimely survey. Have you submitted a termination contract to the seller? This all really has to do with your contract you have executed with the seller.

Do you want the home? Are you trying back out? Have you already backed out? Did you back out because repairs were not completed? or because you didn't get the survey? The survey is usually required by the bank. Are you financing or paying cash? Did you have an option period? Have you submitted a request to the title company to get your earnest money back?

See, There are a lot of variables that come into play here...and without knowing your particular situation, it is really hard to answer your question.

Good Luck!
0 votes
I do have a buyer's agent but my buyer's agent tends to change my mind on alot of things. After viewing the inspection report we were unhappy with certain things. My buyers agent recommended that I do not pick at the small stuff...so I didn't but even the things I have picked on have not been repaired accordingly. I cannot afford to loose this money and also being a single parent I cannot afford to purchase a lemon. I want out...this is a terrible experience. Everytime I bring something up to my buyers agent i get a comeback.
Flag Fri Mar 23, 2012
Guy Gimenez, Agent, Austin, TX
Thu Mar 22, 2012
Gissell, your question is too general to know exactly what you mean and you don't mention if you used the TREC or TAR contract form.

IF you used a TAR / TREC contract form, and IF you're referencing the paragraph 6(C)(1), keep in mind that this paragraph provides that if the seller fails to deliver the T-47 and survey in the time frame specified, you can get a new survey at the seller's expense.

Also keep in mind that unless the contract specifies otherwise, the seller doesn't have to complete the repairs until just prior to closing.

Again, there's simply not enough information to make provide a reasonable answer...and if you have an agent, he/she should be offering you guidance on this.
0 votes
I do have an agent and i feel as if I am being given the run around. I guess I have to wait till closing to see if all the repairs are completed. If not completed after the walkthru when can I request my earnest money back. The owner is out of town so im sure its difficult for them to get everything complete...understandably...but the biggest fear I had was a lemon and now I am facing that.
Flag Fri Mar 23, 2012
Mark McNitt, Agent, Houston, TX
Thu Mar 22, 2012
Gissel,

The other agents have made some great suggestions, but I'm wondering if you still want to purchase the home?

If the repairs are made to your satisfaction and the survey (typically ordered by the title company at the direction of your lender...not the seller) is OK, would you still want to buy the home? If so, try to work with the seller. Find out why the repairs were not made. Maybe the seller needs some help or more time to get things done. Hopefully you and the seller are both working with Realtors and those two can help you figure out how to go forward.

If the seller has made repairs with licensed persons, and your simply not happy with the repairs..then that is a tuff spot as the seller might argue they did what you asked them to do. If the seller wants to sell the home, they will have to work with you or get the earnest money out of the title company. Read paragraph 18 of the earnest money contract for more details and when all else fails, contact a real estate attorney.

Mark McNitt
Bernstein Realty
m# 832-567-4357
0 votes
It's owner financing and with the home in the state and the manner in which the owner is behaving I truly do not wish to purchase the home anymore. I want out. Have requested twice because of different reasons and my buyers agent always comes back with a negative response on me...not the owner. I'm super confused.
Flag Fri Mar 23, 2012
Jane Lindsey, Agent, Bunker Hill Village, TX
Thu Mar 22, 2012
If you used an agent in the transaction, she/he will send a doc to the seller for release. If you are doing it yourself, you might want to contact an atty.
0 votes
That would be the correct thing to do...but it's not happening that way.
Flag Fri Mar 23, 2012
Kathleen Ham…, , Houston, TX
Thu Mar 22, 2012
Hello, Gissel !

Unless you have a Realtor assisting you then you need to have a REAL ESTATE ATTORNEY help you. Not a divorce attorney or traffic attorney. Do it quickly as time is passing.

Once you are out of this situation get a REALTOR (That's ME ! ) to assist you so you will have guidance through the processes. Having a Realtor on your side is what a Buyers Agent does.

Good Luck, Kathleen (281) 799-4002
0 votes
Hi Kathleen..unfortunately I do have a realtor and I don't feel this person is working on my behalf. I want out...repairs are not being done correctly...I've been told that by the contractor, they were ordered to make up the house. The house has electrical issues, wiring is needed...just even to repair to heat and ac. I don't know if I should pay the inspector to come back and check...the invoice I have says it all. I spoke with the repair man and they explained the severity of the situation. Yet my buyer's agent keeps giving me the run around.
Flag Fri Mar 23, 2012
Dallas Texas, Agent, Dallas, TN
Thu Mar 22, 2012
1. Where is your buyers agent to assist you ?
2. All your concerns are governed by the executed sales agreement review those terms and conditions
3. If the survey was submitted could be late I would not consider that be a big deal .
4. No professional can render an opinion UNLESS entire sales agreement been reviewed. If you don't have a Realtor recommend to contact an attorney.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
972-699-9111
http://www.lynn911.com
0 votes
I have a realtor...that's the problem.
Flag Fri Mar 23, 2012
Anna M Brocco, Agent, Williston Park, NY
Thu Mar 22, 2012
You agent and or attorney can best advise; or review the contract, as the answer can be found in the document.
0 votes
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