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I made an offer on a TownHouse. The offer was met with a counter

Sent to Real Estate Law Experts December 28 2008 at 4:04 AM
   

I made an offer on a TownHouse. The offer was met with a counter offer which I did not accept. My good faith escrow check was cashed immediately. I was told that my check would simply be given back if the deal was not accepted. Is this legal

 

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Pembroke Pines, Florida

Already Tried:
Sent an e-mail to realtor in writing telling him that I did not accept the counter and that I was withdrawing my offer and check should not be cashed.

If answer is not this was not legal I will most likely retain counsel to sue this realtor as he has a habit of this. He also falsely informed Bank that I had accepted the terms of the counter offer.

Customer (name blocked for privacy)
Answer
December 28 2008 at 4:06 AM (1 minute and 40 seconds later)
         
ACCEPTEDCheck Mark
If no contract was signed and mere offers exchanged, your good faith payment must be returned to you and if not so returned have a alwyer make demand for it in writing and then sue for its return.


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Reply
December 28 2008 at 4:11 AM (4 minutes and 46 seconds later)
         

As I stated I signed and agreement of offer to purchase.

No signed offer was returned. I received a counter offer to which I rejected.

Should check have been cashed. yes or no?

Answer
December 28 2008 at 4:12 AM (1 minute and 2 seconds later)
         
If there was no acceptance, there was no contract and the check should not have been deposited. it should be returned immediately.


Please press the GREEN ACCEPT so I get paid for my work.
A BONUS is a nice way to say "thank you". Positive Feedback always appreciated.
Need clarification? Just ask. The responses don't create an attorney client relationship
Reply
December 28 2008 at 4:19 AM (7 minutes and 16 seconds later)
         

You Should have received my acceptance and $5.00 bonus.

did you indeed receive such

Answer
December 28 2008 at 4:21 AM (1 minute and 45 seconds later)
         
I did. Thank you very much.
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