Househunter, Home Buyer in 20772

I made an earnest money deposit of $2,000 on an offer to buy a house. My offer was accepted, however, about a month later I learned that the seller

Asked by Househunter, 20772 Tue Dec 22, 2009

has liens on the property and other issues that prevents the property from being sold. I asked that my EMD be returned to me, but I have yet to receive my money. The EMD was made out to my agent's broker. However, my agent said that the buyers have not signed a release of the contract, and that the buyer's agent has failed to return phone calls and emails regarding the EMD and contract release. It has been about four months now, and I still have not received my deposit back. How can I get my deposit back in this situation?

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Amy Mu, Agent, Chantilly, VA
Sun Jul 15, 2012
If I were you, I would contact your agent's broker if your agent did not response you.
0 votes
Best Answer. Great
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Jessica Hood…, Agent, Gambrills, MD
Mon Apr 23, 2012
You have several options including contacting an attorney for assistance. In a case that appears to be this clear cut I would recommend reaching out to your agent's Broker. They can (but are not required to) make a decision even without the signed documents. They just have to provide adequate notice to all parties of their intent. If they are unwilling to do that at minimum they should pursue the seller agent and broker to try to reach a resolution.

If no resolution can be found the Broker can turn the money over to the state and then litigation is required to return it. This is very unfortunate as you appear to be in the right.
0 votes
Ruth and Per…, Agent, Los Gatos, CA
Thu May 27, 2010
Hi Househunter:

Regret to hear about your problem.

This issues are being faced all over the country as many Short Sellers choose not to honor their
Sales Agreement. Some are walking away from their property on the last week.

Start with your Agent's broker. Depending on the size of his company he should have Legal staff who should be able to file a complaint with the Real Estate commission as called out by Teki below.

Call the RE Commission in the morning while also talking to your Broker.
It will be a game of patience and frustrartion.

Web Reference:
0 votes
Temi Akojie, Agent, Upper Marlboro, MD
Thu May 27, 2010
Call the broker (The person in charge of that particular office the realtor is in). If they don't get back to you with a response then report the issue to the real estate commission. You always have to go to mediation before going to court. Complaints must be submitted in writing. Once you report the issue someone should get back to you. Hope this helps!

Temi Akojie
Keller Williams Preferred Properties
Office:240-737-5000/ Direct:301-337-REALTOR (7325)
0 votes
Property New…, Home Buyer, Upper Marlboro, MD
Mon Apr 12, 2010
I agree with Robert. You need to call the Broker directly to get more information about that transaction.

If you still do not receive a response and are unsatisfied with their response, then I would hire a lawyer to do the talking. Best of Luck!
0 votes
Robert McArt…, Agent, Fallston, MD
Thu Dec 31, 2009
Short Answer...Call your agent's Broker to get the status of the EMD.

Robert McArtor, Long and Foster Real Estate, Inc.
0 votes
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