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Ask J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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I hand a question on ernist money I put down on a property

Customer Question

HI I hand a question on ernist money I put down on a property in Idaho on the 9th of May and realitor was suppost to provide me with documention on water bills trash lawn service that the owner paid with in 24 hours and I never recieved it after 6 days, So I decided to back out of property on the 15th. She they cash the ernest money check on the 13th. do I have any right to get it back?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Cancel deposit not interested
Expert:  J. Warren replied 1 year ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Provided the agreement has a provision regarding a contingency inspection period and that period had not past. Usually the inspection terms are in paragraph 10 of the standard real estate purchase and sale agreement and the default is to give the buyer 10 days to inspect and back out of the deal within that time period. If this is the case, the seller must return the earnest money.
There is a box that buyer and seller can check to waive the inspection period. If this is the case, a buyer can not rely on this section to have earnest money returned. However, if there was an agreement to provide certain documents and that did not occur, this is a valid argument for a breach of contract and the buyer can sue in small claims to seek return of the earnest money paid.
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.