QUESTION

What kind of legal actions can I take if after getting out of a house contract the seller was suppose to refund my deposit but has yet to do that?

Asked on Aug 10th, 2012 on Real Estate - Virginia
More details to this question:
Three months ago my husband and I put a contract on a house we wanted to buy. We had to make an earnest money deposit of $1000.00. After the inspection the house was found to have a cracked septic tank that was going to cost too much to repair. The seller, which is HUD, never disclosed this information to us before the contract. We got out of the contract right away, and the seller told our real estate agent we should have our deposit back in a week or two. After a 2 months went by with no check, I contaccted our real estate agent multiple times and she has gotten back to me once just basically saying she was busy but would get information for me. A week or two went by and still heard nothing from her. My husband and I both contacted her and she has not returned our emails or phone calls. We just want to know how we can get our money back.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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I can't tell from your comments whether your real estate agent is holding the earnest money or if there is another agent involved who is holding the earnest money.   The amount in controversy probably does not justify getting an attorney involved unless you can prevail on one to simply write a letter to whatever agent is holding the money demanding a return of the funds.  That will sometimes work. Failing that, you probably have two possibilities remaining.  One would be to lodge a complaint with  your local Board of Realtors.  If you live in a community where the Board of Realtors is large enough to have an active and concerned Ethics Committee, there is some possibility that the committee would investigate and help to resolve the matter. Finally, your state probably has a Small Claims Court - a court to hear small claims -- claims too small to justify retaining an attorney but where a judge would hear the complaint and render a judgment just like a regular court would -- but it is handled in a more informal manner.  It is doubtful the real estate agent holding the funds would be willing to risk the publicity resulting from a judgment by the court.  If you go this route, you would obtain a complaint form from the clerk of the local court.  The clerk's office may or may not assist in filling the form out.  
Answered on Aug 11th, 2012 at 2:12 PM

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