Seller not complying with closing;trying to keep earnest money

[Mbrando]

What is the name of your state (only U.S. law)? North Carolina
I signed a lease to purchase almost 3 years ago and gave the seller $5000 down. The contract expired and we signed new straight purchase contract that stated $5000 is non-refundable. I am doing an FHA loan and a amendatory form is required to be signed by myself and the seller. The seller will not sign it and I cannot proceed with the closing until they do but they are trying to keep my $5000, the house, and I have paid the last 3 years of the sellers mortgage. The contract states the seller has to comply to the purchase contract, since they are not is there a way for me to get out of the contract and get my $5000 back?

[HomeGuru]

Originally Posted by Mbrando

What is the name of your state (only U.S. law)? North Carolina
I signed a lease to purchase almost 3 years ago and gave the seller $5000 down. The contract expired and we signed new straight purchase contract that stated $5000 is non-refundable. I am doing an FHA loan and a amendatory form is required to be signed by myself and the seller. The seller will not sign it and I cannot proceed with the closing until they do but they are trying to keep my $5000, the house, and I have paid the last 3 years of the sellers mortgage. The contract states the seller has to comply to the purchase contract, since they are not is there a way for me to get out of the contract and get my $5000 back?

**A: as I see it, you can terminate the contract to purchase but your $5K is nonrefundable.

[Mbrando]

Originally Posted by HomeGuru

**A: as I see it, you can terminate the contract to purchase but your $5K is nonrefundable.

I am trying to get some real legal adivse. This answer is stupid. I don't see how the seller can not comply with the stipulations in the purchase so the purchaser can't close the mtg loan, and still keep the $5000 down payment; that has to be illegal.

[HomeGuru]

Originally Posted by Mbrando

I am trying to get some real legal adivse. This answer is stupid. I don't see how the seller can not comply with the stipulations in the purchase so the purchaser can't close the mtg loan, and still keep the $5000 down payment; that has to be illegal.

**A: ok great. Now pay a real estate attorney $1200 to tell you the same stupid answer.