Deposit back on land

[jean stodola]

What is the name of your state? NE


I gave a seller a deposit of 2,000.00 on A Friday to purchase some land that me & my boyfriend were interested in . He told me he would not cash my check until that following Monday. Mon. a.m he callled my boyfriend Jason & asked him if he could cash my check and Jason said he'd call me & then call him back, the seller said he would cash it at noon if he had not heard from Jason. Jason called him at 11:45 and asked him not to cash it because I was having second thoughts. The seller said he already did , so I put a stop payment on it and now he is taking me & Jason to small claims court. Should I just pay him the 2,0000.00? or do I have any certain amount of days to back out? I signed nothing! Jason had gone to the title co. & signed that form but when we called her she said she hadnt even started the paperwork.
Any advise?

Thanks
Jean

[nextwife]

Why would you give the earnest money directly to the seller, rather than have an escrow agent/title company hold it to be disbursed at closing? What did your attorney that you needed for this deal tell you?