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

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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: 8 months ago.Category: Real Estate Law
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7/31/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
RealEstateAnswer
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 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.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 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!

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