Title Co stopped return of earnest money check without notice....

3 Replies

I live in Texas and had a Contract on a house on 1/4/18. I gave Title Co earnest money 1/4/18. On 1/10/18 I exercised my termination option. On 1/11/18 I called Title Co and asked how I should get earnest money back, they said to come in and pick up check. I picked up check and deposited it. Same day, 1/11/18, they call and ask for TAR1904 form to release them from liability. I promptly sign form and send to them along with forwarding them my written termination of the contract.

On 1/17/18 the check bounces, overdrafting my account and causing $50 in fees with the bank. I email them and tell them what happened and demand the fees on top of the earnest money. They told me I was aware that the check was stopped...even though they never told me.

On 1/20/18 they wired the earnest money but did not send anything for the fees. The Title Co is being unresponsive and unprofessional...do I have any recourse to get the $50? I tried to google laws I could cite for a small claims petition but could not find anything. Seems like there should be some law that people need to give you notice before stopping a check... Any advice is greatly appreciated.

@Eric Carr. You could file in Small Claims Court, but will cost you more to file than $50.00. Charge it off to education.

Thanks Jim. It's not about the money, the escrow agent was completely unprofessional and did not own up to her mistake. If you are going to put a stop on someone's check you should call or email them in my opinion. But it appears there is no law against not giving notice when putting a stop on a check.

Let it go...your time is likely worth more than the loss. Just make sure to tell you story online (FB, Twitter, etc.) so others are aware of the poor quality service you received from the title company, which is named. 

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