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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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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: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year 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.

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