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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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Afternoon,, I am fighting with a real easte company overe my

Customer Question

Afternoon, My name is***** am fighting with a real easte company overe my ernest money that I had put down on a house I was buying. Long story short, I am no longer buying, due to the Sellere quit claiming the proprty to his son in the middle of our contract wihich in return the Lender stated that due to what the sellere had done w/ his son, will not allow me to close on the property. because i got hud funding as my lone the contract in voided and I would have to wait 90 dyas to write a new contract
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: IDAHO. My ernest money was released to the seller, but to be credited back to me at closing.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the quit claim has been recorded with the county
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 8 months ago.

Hello,

Thank you for the information. I am not sure what your specific legal question is, but if you are asking if you are entitled to a refund of the earnest money or how you can get it, then I can address those issues. If that is not what your question is, then please state your question so I can answer it.

If your contract to purchase the property had a financing contingency in it, then you would be entitled to a rebate of your earnest money if you could not obtain financing on the property. If it did not have a financing contingency, then you should still be entitled to a return of your earnest money since the party who you contracted to now has no title to the house (assuming he quit claimed his interest to the son). Either way, if the title company is not refunding your earnest money and the other party refuses, you will have to file suit against whoever is holding the money. You might first consider going to a local real estate law attorney and having them write a demand letter to that party threatening suit to see if they will pay.

If not your attorney, or you if the amount is $5000 or less which would make it eligible for small claims court, will have to file suit. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, and let me know I have answered the question you have, I will receive credit from the Site for assisting you today. Thank you

Expert:  Marsha411JD replied 8 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 3rd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.