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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33651
Experience:  12+ yrs. of experience including real estate law.
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During the inspection of a house we intended to purchase

Customer Question

During the inspection of a house we intended to purchase mold was found. The owner brought in a company to do the remediation. It was found during the Re inspection of the crawl space the company had not done a good job and the mold was still present. The contractor failed to do any testing nor did take before and after pictures. After we walked away the owner refused to return our $2000.00 earnest money saying that the issue was resolved. What should we ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

If you canceled the contract during the inspection period? You are entitled to a refund of the deposit. The law is clear that the buyer can cancel the contract, at any time during the inspection period, and receive a full refund of the deposit.

If they refuse to return the money?

Sue them in small claims court.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the seller lives) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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