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 CalAttorney2 Your Own Question
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.
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

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.