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Question

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

Submitted: 330 days and 18 hours ago.
Category: Real Estate Law
Value: $15
Status: CLOSED
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Optional Information

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.

Accepted Answer

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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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 12/28/2008

Lawyer

Licensed attorney helping individuals and businesses with their legal questions

330 days and 18 hours ago.

Reply

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?

Posted by INFOLAWYER 330 days and 18 hours ago.

Answer

If there was no acceptance, there was no contract and the check should not have been deposited. it should be returned immediately.

330 days and 18 hours ago.

Reply

You Should have received my acceptance and $5.00 bonus.

did you indeed receive such

Posted by INFOLAWYER 330 days and 18 hours ago.

Answer

I did. Thank you very much.

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