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 J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2249
Experience:  Experience in residential real estate and commercial leases.
Type Your Real Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

I hand a question on ernist money I put down on a property

Customer Question

HI I hand a question on ernist money I put down on a property in Idaho on the 9th of May and realitor was suppost to provide me with documention on water bills trash lawn service that the owner paid with in 24 hours and I never recieved it after 6 days, So I decided to back out of property on the 15th. She they cash the ernest money check on the 13th. do I have any right to get it back?
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
Cancel deposit not interested
Expert:  J. Warren replied 2 years ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Provided the agreement has a provision regarding a contingency inspection period and that period had not past. Usually the inspection terms are in paragraph 10 of the standard real estate purchase and sale agreement and the default is to give the buyer 10 days to inspect and back out of the deal within that time period. If this is the case, the seller must return the earnest money.
There is a box that buyer and seller can check to waive the inspection period. If this is the case, a buyer can not rely on this section to have earnest money returned. However, if there was an agreement to provide certain documents and that did not occur, this is a valid argument for a breach of contract and the buyer can sue in small claims to seek return of the earnest money paid.
All my best & encouragement.
Kindly remember the only way experts receive any credit at all for spending time with customers is if you click on ok, good or excellent service even though you have made a deposit or are a subscription customer. You must complete the rating for the expert to receive any credit. If, for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.
All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.