Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We made an offer on a home, seller accepted and we were

Customer Question
We made an offer...

We made an offer on a home, seller accepted and we were notified on 7/21/17 of the accepted offer. we gave our realtor a $1,000 earnest money check on 7/18/17 for the initial offer. when our realtor called us on 7/21/17 to tell us the offer was accepted, he told us the seller and their realtor wanted to use a different attorney for the closing and the seller agreed to paying $4,500 in closing costs and that he said we needed to sign the paperwork to which we did. on 7/27/17 the bank emailed us indicating they still needed the home owner insurance policy declaration page and a copy of the cashed earnest money check. i checked our account and did not see that it was cashed yet. so, i called the realtor on 7/28/17 to inquire whether the check had been cashed and then said he couldn't remember what he did with the check. i became greatly concerned when he asked who the check was made out to........i said it was made out to his realty company. he said he was ill and didn't have access to the purchase agreement and asked that i get our copy out to look at. in looking at the agreement, it says that $2,000 was to be paid in earnest money and i said we wrote the check for $1,000 as indicated on the initial purchase agreement. he seemed very surprised that the agreement said $2,000 and i asked him how the amount got changed. he had no answer but said it's not a problem that we can send another check made out to his realty company for $1,000. the purchase agreement said the earnest money had to be paid within 5 days of the executed contract which began on 7/21 or 7/22. is it possible the buyer can cancel the contract and keep our earnest money?

Lawyer's Assistant: Emailing***@******.*** is the best way to reach customer service. Because real estate law varies from place to place, can you tell me what state this is in?

We live in ohio but are purchasing a home in georgia

Lawyer's Assistant: Has any paperwork been filed?

Are you able to see my initial message?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Are you able to see my initial message? it describes what has been done so far with the purchase agreement

Submitted: 11 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
7/31/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,310
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

Good morning. I certainly understand the situation and your concern. If this was done by accident and you have been acting in good faith, there should be no reason the seller decides to void the contract and back out. Moreover, if you spoke with them and all parties knew and agreed it would be $1,000 and this was a typo/mistake in the contract which nobody caught, they could not act in bad faith and lie and say it was $2000 when they knew it was $1000. As such, it is best to pay the additional $1000 to cure this and if you do it before it becomes an issue, you should be able to proceed. If they wanted to back out, they would have tried to do something at this time.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 32,310
32,310 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We tried to buy a home and it did not appraise at the value the seller wanted. My agent ad
We tried to buy a home and it did not appraise at the value the seller wanted. My agent added an appraisal clause but now the seller real estate company is trying to keep our earnest money. We have 4 … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We made an offer on a mountain property. Because the seller
We made an offer on a mountain property. Because the seller did not want to pay the realtor's commission fee, we shared one realtor. The original offer was owner financing as the seller pretended to a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter went to buy a home here in Pennsylvania. It was
My daughter went to buy a home here in Pennsylvania. It was through a realty company. She offered full price with a 4% sellers assist. The seller agreed but then said she wanted to contact her attorne… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
If our "dual agent" intimidated and pressured us into a certain
If our "dual agent" intimidated and pressured us into a certain Inspection Notice offer in Part A and the seller counter offered in Part B, can the seller revert back to our Part A offer if they don't… read more
Attorney 1
Attorney 1
2,703 satisfied customers
I put an offer in on a commercial lot. My earnest money deposit
I put an offer in on a commercial lot. My earnest money deposit is $2,000. I have a 90 inspection period where I surrendered $1,000 as soon as the contract went into effect. If I cancel the contract b… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My husband and I put an offer on a house. The appraisal came
My husband and I put an offer on a house. The appraisal came back $5000 under the price. We asked our realtor to renegotiate to the appraised price. Or closing date is less than a week away, we have y… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,586 satisfied customers
My husband and I are pre-approved for a VA loan and made an
My husband and I are pre-approved for a VA loan and made an offer on a home at the end of March, once our realtor verbally verified with the listing agent that they were able to accept a VA loan. A we… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
CE Realty LLC is listed as the owner of a residential property
CE Realty LLC is listed as the owner of a residential property in Baltimore,Maryland. They are asking a selling price of $18,000; the building has been vacant for over 10 years and there is about $30,… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,220 satisfied customers
what finicial obligitation is there to void the signed purchase
what finicial obligitation is there to void the signed purchase agreement in real estate. No financing is being required.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I recently signed (Sunday) a purchase agreement to purchase
I recently signed (Sunday) a purchase agreement to purchase a single family residence in California ,being built by a Fortune 500 home builder. The homesite was released to the public that day. Delive… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,180 satisfied customers
What are the disadvantages of a short sale for a first time
What are the disadvantages of a short sale for a first time home buyer, and what is the problem with a seller that is related to the listing agent of the house? What should I be aware of?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
We made an offer to purchase a home on 9/24/08 and gave the
We made an offer to purchase a home on 9/24/08 and gave the realtor $500 earnest money...after the offer was accepted on 10//4/08 he asked for another $500 which we gave him. The closing was completed… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
We have had an offer accepted on a home as a back-up offer.
We have had an offer accepted on a home as a "back-up offer." The sellers have cashed our earnest money check. The other buyers to which we are the back up to have not been able to purchase the home b… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
If a buyer backs out of a deal can the seller collect the earnest
If a buyer backs out of a deal can the seller collect the earnest money stated in the agreement? Is there a statute of limitations with this kind of issue.… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Recently, we made an offer on a pre-foreclosure (short sale)
Recently, we made an offer on a pre-foreclosure (short sale) property. The offer had a contingency based on the inspection. The inspection found several issues including a high level of radon, "critte… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
We offered on a house only to later find out it was a shortsale.
We offered on a house only to later find out it was a shortsale. (The real estate agent told us No it was not a shortsale when we asked, otherwise we never would have offered on it) We reached an agre… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I made a cash offer on a forclosed home through an agent.I
I made a cash offer on a forclosed home through an agent.I did this verbally over the phone,since I live in another state.I sent my agent a copy of a check for the earnest money and a copy of my 401k … read more
socrateaser
socrateaser
1,031 satisfied customers
Can the sellers legally obtain compensation? We ...
Can the sellers legally obtain compensation? We put an initial offer on the house and the realtor pressured us into raising the offer before presenting to the seller. We raised the offer and the selle… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x