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Updated almost 4 years ago on . Most recent reply

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Seller won’t release earnest money back

Tralecia K Young
Posted

Sellers won’t release earnest money deposit back after denial of mortgage from the lender. What are my options to get their earnest money deposit back?

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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
30,325
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17,540
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied
Originally posted by @Tralecia K Young:

@Nicholas Weckstein

The date of the letter was on the ninth but I sent a cancellation like on the seventh stating that I wasn’t going to get mortgage contingency. I believe my attorney sent it over on the 10th but it was dated for the ninth. apparently my attorney was super busy that he wasn’t able to respond quick enough to send it the same day. I believe he spoke with the attorney and he’s just waiting back to hear what the seller wants to do.

Sounds like you missed your contingency date if it was the contingency ended the 9th and you sent the financing denial letter on the 10th. Seems pretty clear to me if the facts as stated are true, seller gets the EMD. Your lawyer being too busy to adhere to the deadline doesnt change the fact of when the deadline was.

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