Deposit kept in Escro

[Budman115]

we found a house put a ernest deposit down. the buyer would not agree to terms, we couldnt resolve the issues. we did not get the house but the sellers wont release the deposit. in the mean time the house was sold at a fraction of what we offered. we still dont have our deposit back. i understood that the house could not be sold in pennsylvania if there was still money/lein on propoerty.anyone help...please dont ask me to seek a lawyer.that has been told to me over and over.i cant afford it now
please email me a response [email protected]

 

[JETX]

Sorry, no personal emails....

If I understand your post, you paid a deposit (earnest money) for a home contract, but the seller never signed the contract. If correct, that simply means that there was no contract to sell to you and the seller is free to sell to whoever they want.

However, they are NOT free to keep your earnest money.

I suggest you write the seller a letter detailing the offered contract and the earnest money paid. Advise them that if they do not return the deposit, you will consider legal action. Send it certified RRR. Did they have a realtor??? If so, address a copy to the realtor also.

Then, if they don't return your money, you will have to consider filing a lawsuit to recover your money. And, if a realtor was involved, file a complaint with your state realtor board or commission.

Where are YOUR agent and lawyer during all this???

 

[Budman115]

we did have a signed contract. the sold sign was up and they then rejected our final offer.we elected mediation. after they rejected our final offer the put the house back on the market and sold it before any mediation and they refuse to release our deposit so we can use it to buy our home now.the deposit is in escrow at our realtors. the owner of our realtor will not return it as well. out agent has put up the deposit money as good faith but the mortgage company wont accept it. its a conflict of interest. we have spent all our money on the new house so lawyer fees would be tough

 

[JETX]

Your response is confusing....
"we did have a signed contract. the sold sign was up and they then rejected our final offer."
If you had a signed contract (by BOTH parties??), then there is no 'final offer'. The signed contract would BE the final agreement. So, which... a signed contract or a final offer??

"we elected mediation. after they rejected our final offer the put the house back on the market and sold it before any mediation"
Mediation of what?? You claim to have already had a signed contract... and here is this 'final offer' again!

Simply, either there was a contract signed by both parties (binding) or there wasn't a contract signed by both parties. Which??

Have you taken the time to WRITE all the parties (the seller, the sellers agent, and your agent) making a demand for the refund of the earnest money??? What reason (be specific) did they give???

Something is missing here.....

 

[Budman115]

my apologies. i mistated about the contract. we had signed offers back and forth. our paperwork gave us the option to walk away or mediate if we could not come to a compromise.we elected mediation. the home inspection revealed many problems that the owner was not will to correct or credit. so we offered(final) to split some of the repairs.they refused and we assumed the deal was over (they removed the pending sign)they sold the house and we have no deposit

 

[JETX]

Okay, this is finally getting a little clearer (I think).....

You had a contract with contingencies... one being for cost of needed repairs. The contract provided for mediation in the event of dispute. Was it binding mediation??? If not, then a final agreement could not be met and the contract was voided. If correct, no contract.

The seller subsequently sold to someone else.

Now, we are back to my original post....
"I suggest you write the seller a letter detailing the offered contract and the earnest money paid. Advise them that if they do not return the deposit, you will consider legal action. Send it certified RRR. Did they have a realtor??? If so, address a copy to the realtor also.

Then, if they don't return your money, you will have to consider filing a lawsuit to recover your money. And, if a realtor was involved, file a complaint with your state realtor board or commission."