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CalAttorney2
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.
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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: 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.

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