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Recently I had my property under agreement. The buyer put down forty five hundred dollars. They failed to notify me regarding the acceptance of the bank of a mortage for the buyer. They passed the date stated in the Purchase and Sales agreement and in fact we found out that they never really applied for a mortage. They simply requested the money back, the realtor refuse to give it back. I thought it was my money due to the damage and having it off the market for so long. I also moved my business in goof faith so that the buyer could move into my building.

This was three months ago and the money is still in escrow. The realtor has been telling me that unless the seller agrees to release it they cannot give it it me.

I have made every attempt to find a solution including accepting a fraction of the money.
Still this goes on with no end and I am afraid that I will lose out in the end.

It is complicated by the fact that this same agent is still handling the marketing of the same piece of property.

Does anybody have any answers to this problem and is there any legal remedy for this outstanding money to be returned to me.

JOHN MISCI
 



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