Can you file a lawsuit for your Ernest money

Question

Hello BP family! I would like to know if you can file a lawsuit on a buyer when they don't release your Ernest money? I put down Ernest money on a property in the George area. After I paid for the home inspection there was a lot of hazards that needed to be fixed that I gave to the seller. I asked the seller to fix them or lower the price so that I would be able to fix the hazards. They did not respond back in time for the grace period, so I cancelled the deal. I did not receive my Ernest money in over two weeks so I asked my realtor to find out what was going on. To make a long story short they have been playing around with sending the 10 day notice and when they said they sent it they come back and stated that they said they will split the Ernest money with me. I told them no because I did what I was suppose to do in cancelling the deal. They have still not responded back to my realtor with any information. I would like to let you know that it has been going on for over a month since this has all started. I would like to know can you file a lawsuit for my court cost and for my Ernest money?

Charlie MacPherson · Answer

@Anthony McGowan An attorney is going to be expensive, but another alternative to look into is small claims court - assuming that the EMD is below the maximum amount allowed in that venue.

At least in the states I'm familiar with, you don't need an attorney. You go in, state your case, provide the evidence to support your case and a magistrate/judge issues a ruling.

I had to go twice when I was practicing in Mass. One involved a buyer who wanted 100% of her deposit back after the deal blew up due to her committing tax fraud. She falsified tax returns to qualify for the loan. We won easily.

A second time was for a dirtbag client who refused to pay commission earned. He was a 3-time no show, so I won a default judgment. Collecting was not as hard as I anticipated.

The magistrate awarded me a "capias" (civil arrest warrant that I could execute at will) and an "execution" (a constable or sheriff could seize assets and sell them to satisfy the judgement). Both were issued against Mr. Dirtbag AND his wife!

After multiple attempts to collect payment, I finally sent a copy of the Capias to him and told him that if he didn't deliver the payment in full by a particular date, I was going to have his wife arrested at work.

As you might guess, that worked like a champ!

Can you file a lawsuit for your Ernest money

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