A story for Booner..

[sharpie]

Dang.  I would have just got an apartment by now.  You are hard core. 

[Booner72]

OMG wow - I totally admire you guys hanging in there and making it happen!  You definitely will get that earnest money back.  That's TOTAL b.s. that they say you know you couldn't get financed.  Earnest money is contingent on financing so it doesn't matter.

GOOD LUCK! 

[incognitony]

I left a message with the state real estate commission Friday (apparently they took a 4 day weekend)  to see what legal options we have. Probably will have to give up some of the money just to avoid delays with a lawsuit.  If we didn't find the FSBO we would just wait it out or have our agent tell them that we want to make a new contract on the other house with just my wife on it just for the heck of it.

[incognitony]

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@sharpie wrote:

Dang.  I would have just got an apartment by now.  You are hard core. 

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Have been renting for 16 years and the time is right to break that cycle. Also we really need 4 BRs or at least 3 plus a basement/family room that can be converted.

[Booner72]

How much is your earnest money?  Is it already deposited into an escrow account at the title company?  The title company should help you get your money back - you shouldn't even have to go through your realtor.

We had a 500 earnest check for the short sale that we were going to buy first - the check was never deposited as the realtor just held onto it until we had a signed purchase agreement.  When we walked I called Title and they said No Problem.   The realtor was supposed to mail me the check but never did.  I told them to just rip it up.  If he does deposit it for some reason I will sue his pants off, but it's been months and I doubt he would do that.

[incognitony]

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@Booner72 wrote:

How much is your earnest money?  Is it already deposited into an escrow account at the title company?  The title company should help you get your money back - you shouldn't even have to go through your realtor.

We had a 500 earnest check for the short sale that we were going to buy first - the check was never deposited as the realtor just held onto it until we had a signed purchase agreement.  When we walked I called Title and they said No Problem.   The realtor was supposed to mail me the check but never did.  I told them to just rip it up.  If he does deposit it for some reason I will sue his pants off, but it's been months and I doubt he would do that.

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Its $1000 and the check went to the selling agent and was cashed in July .This seems to be the local practice. The FSBO wants $1000 and is owned byy a LLC that is owned
by an individual.

From the contract:

Buyer agrees to apply for the above-mentioned loan within

_3_ working days from the date of acceptance of this contract

and shall proceed with due diligence to obtain said loan. Should Buyer be unable to obtain said financing, this contract

shall be null and void, and earnest money shall be refunded