Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good morning Lisa. I am Loren, a licensed attorney, and I look forward to assisting you.
Was your termination within the time limits of the contingency? Does the seller claim the earnest money or are they just not responding?
Thank you for the additional information. If the parties terminated the contract by agreement or the negotiation before there was binding contract then you are owed your earnest money deposit back.
If the seller is refusing to sign a required release then you will need to sue the seller for the refund of the deposit (or the escrow agent holding the money).
If the claim does not exceed $7500 then you can sue in NH small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.