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  #1  
Old 01-23-2006, 09:18 PM
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Join Date: Jan 2006
Posts: 1

Buyer needs deposit back after properly ending sale agreement w/in inspection claus


What is the name of your state? PA

Hello, my husband and I are first time home buyers, we entered into an agreement of sale in early january (the sellers officially signed on the 4th of january), the agreement of sale had and inspection clause which stated if we found the inspection unsatisfactory we can void the agreement of sale as long as we provide the release in writing within 15 days of the agreement. We provided this in writing first to our buyers agent (on Jan 16) and then he formulated a release listing we get our deposit back (7,500) and faxed it to the seller agent all on Jan 17 by 3:00 pm. 17 - 4 = 13 days, within 15 days. My husband also hand carried an original signed copy of the release to the sellers agent on Jan 18. Since then, we cannot get in touch with nor our buyers agent can get in touch with the seller agent, they are holding our deposit and will not give it back, we followed all of the agreements. Yet the house has been for sale again , status active since the 16th, when i first told our buyer agent. We don't know what to do to get our money back. We have told the sellers agent that we will get a lawyer and put a lis pendens on the house which will stop them from selling. All we have heard is that our buyer told us today the seller agent faxed over some form from them requesting 500 from our deposit b/c we had the house off the market at all? This was not in our agreement at all. We lost money too and time, there inspection was inadequate forcing us to not buy the house, losing inspection cost and mortgage appraisal costs. All in all the sellers agent will not reply to anything, even our buyer agent? What can we do, we followed legally everything we had in writing ?

Please help !!
  #2  
Old 01-24-2006, 11:34 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by kristen27
What is the name of your state? PA

Hello, my husband and I are first time home buyers, we entered into an agreement of sale in early january (the sellers officially signed on the 4th of january), the agreement of sale had and inspection clause which stated if we found the inspection unsatisfactory we can void the agreement of sale as long as we provide the release in writing within 15 days of the agreement. We provided this in writing first to our buyers agent (on Jan 16) and then he formulated a release listing we get our deposit back (7,500) and faxed it to the seller agent all on Jan 17 by 3:00 pm. 17 - 4 = 13 days, within 15 days. My husband also hand carried an original signed copy of the release to the sellers agent on Jan 18. Since then, we cannot get in touch with nor our buyers agent can get in touch with the seller agent, they are holding our deposit and will not give it back, we followed all of the agreements. Yet the house has been for sale again , status active since the 16th, when i first told our buyer agent. We don't know what to do to get our money back. We have told the sellers agent that we will get a lawyer and put a lis pendens on the house which will stop them from selling. All we have heard is that our buyer told us today the seller agent faxed over some form from them requesting 500 from our deposit b/c we had the house off the market at all? This was not in our agreement at all. We lost money too and time, there inspection was inadequate forcing us to not buy the house, losing inspection cost and mortgage appraisal costs. All in all the sellers agent will not reply to anything, even our buyer agent? What can we do, we followed legally everything we had in writing ?

Please help !!

**A: time to follow up on your promise to get a lawyer.
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