EMD deposited in escrow- after I called/text “I’m cancelling”
Hello BP people,
I’m juststarting out, Found a house for rehab (Carson Ca). In short, made an offer based on comps yet to be seen physically. I did hand over the EMD with the understanding that I’m going to view the comps and let you (the agt) know if its a go. The agent was doing this as a wholesale deal and indicated we’d need to move “fast” if I want it.
Low & behold when I called/text 10 mins later to cancel he indicated I was too late! Much to my surgrin. I reinterated “I’m cancelling!” Later i noticed the wire transfer @1:42pm
later the same day. Hours after my call/text cancelling.
The Q is did I not formally cancel the deal based upon my call & verified time stamp on the cancellation text? They (New Western Accusitions) is trying to keep “EMD”.
My thinking is the agent acted in a non-professional if not deceitful. Escrow should not have been opened, therefoe the sales contract is null and void or unenforceable! correct?
Any input would be appreciated,
H. Paul Vaughan
Lakewood, CA