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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My contingency expired after 45 days were up. No extension

Customer Question

My contingency expired after 45 days were up. No extension came from sellers and I no longer was comfortable with this house. We sent a termination notice three days after the contract expired. When I requested my earnest money I was told no. The recession was not signed by sellers. In wa state if I demand it, how do I get it back?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What contingency was that?
Customer: replied 2 years ago.
Real estate, sale of two homes in 45 days.
Expert:  LawTalk replied 2 years ago.
Are you saying that you made your purchase contingent on your selling of 2 homes in a 45 day period and the seller agreed to that contingency?
Customer: replied 2 years ago.
Yes, and the contract expired last Thursday. We sent notice Saturday we were vacating the contract. There was interest but no offers on our house and the other house had sold. Saturday night after we stepped away from the contingency we got an offer. I do not want that house now and feel this worked out for the best. We accepted the offer for my house Sunday three days after the contingency expired. The sellers agent did not renew nor intimated they wanted to. Now I cannot get my $10000.00 back. I have to wait for the sellers to sign the recission. But Washington state says if I demand it they need to give it back. What do I do?
Expert:  LawTalk replied 2 years ago.
Good afternoon,
Thanks for the explanation.
You had the legal right to terminate the sale agreement based on your contingency. The homes were not sold within the 45 day period and you had the absolute right to terminate your purchase agreement at that time. The fact that you receives an offer on the second home after the 45 days had run is not relevant.
If the escrow company or whoever is holding your deposit, will not return the money to you, you will have to sue the holder of your money and the seller for breach of contract and for replevin of your money.
While the law dictates that you are entitled to the money back, if the seller will not direct its release then you have to sue. You can seek your court costs and attorney's fees as well in the suit.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,