How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

A brokerage held my $1,500 earnest money deposit and $500

Customer Question

A brokerage held my $1,500 earnest money deposit and $500 retainer for use in case of a subsequent deal.
An Argument ensued and we decided to part ways. There was no buyer, no seller, and no contract ever written. Broker keeps ignoring my EMD refund request.
I want my $1,500 back.
Do I have a case?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Yes, you can sue them for breach of contract and breach of fiduciary duty. They have no viable basis to withhold your money.

You can try sending them a formal written demand letter giving them 10 days to return your funds or you will file suit against them in small claims court. Keep a copy.

That will usually get them to comply. if they do not, then go ahead and file your complaint.

Related Real Estate Law Questions