Bad News What can I do?

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happy_IHB

New member
The matter which I talk about in the previous topic.



Now The seller listing agent doesn't want to cooperate to give me back the money which i have deposited. What should I do.



FYI , I still have contingency period till friday,

HELP
 
If you notify the seller in writing before your contingency period, you will get your deposit back. I would send the notice to the listing agent's broker and talk to his/her broker as well as your buyer's agent's broker. Is this a bank owned property or a regular seller? Your deposit should be in the escrow account and when the escrow is cancelled, they will send you a check. The agents don't have your deposit money.
 
Do not sign a Contingency Release document.



Upon the date of the contingency removal the listing agent should send you a 24 hour notice to perform. You can respond in writing that you are not releasing any contingencies and want to cancel the offer. There is actually an Offer Rescission form.



How did you get hooked up with the agent representing you? He/she should be handling this with no problem or YOU made a bad choice in selecting an agent.



Pretty simple stuff.
 
Happy - have you spoken with your agent's broker yet? You are doing a good job of being proactive, but just make sure you are focusing your energy on following the steps the people here have already provided... talking with the broker, being one of them.
 
xsocal - If I read correctly, Mr. Happy asked the listing agent for the return of the deposit. Why does Mr. Happy not write directly to the escrow company?
 
THanks for all your comment

to answer your question this house is a BANK OWN.

I did talk and email to my agent. he said that check habe already sent to the Listing agent ( the seller side) this guy have my check. I have to wait for the Listing agent to reply whether or not he got my cancelation form. He doesn't reply. next step, I called the escrow comapny they told me that, They have not recieved any file or money from the Listing agent(seller) and it's already Wenesday. note that my contingency due is FRIday.? unbelievable.! Anyway, I call and email and call and email I keep on BUG them to get my things straight out. THere is no answer whether or not I will get my refund back or if they got my signed CC form. NO RESPOND. I am so fustrated. I know my check is with the seller agent. it has already with draw from my account to AMerican first enterprise. NOW if the selller agent doesn't cooperate to returned my concern. what can i do?



Like other writer said, I should be ok cost the date show that i am cancel the contract with in the contingency period. Hopefull that helps.

i really don't want to go to a lawsuit. Unless no other choice. . have any one here have the experience of cancellation? if does, how long does it normally takes to get recieved your money send back to you?



WARNING. WHEN YOU TRY TO BUY A HOUSE MAKE SURE EVERYTHING BEFORE MAKE OFFER.



LESSON LEARNED. i WILL BE SO PICKY THE NEXT TIME.
 
Oh forgot to tell you.



MY AGENT SUCK! he doesn't want to do what he suppose to do to resolve this matter. IT is easy but he just being an AHOLE. I don't see why i have to do this myself. WHAT AN AGENT FOR ANYWAY. Just want to get the money. and don't care of clients when trouble arise.



I will expose their name in this site and their company. To let other knows that do not use them. BEWARE!



GUESS what! I JuST found out that HE doesn't have a realtor LINCENSE!

he is gonna get it.
 
if it is a bank owned, look at their addendum and see the clause about cancellation needing to be in writing. there should be an address. I would fed ex to it. Also, send a letter indicating you are cancelling to the broker's office with a signature required. Do this tomorrow overnight mail. Call the seller's broker and tell them you are rescinding your offer. I don't think you have to worry about a law suit.



It is normal for the seller's agent to have the check to give to the escrow company. The fact that the escrow company doesn't have it is a pretty good indication that the listing agent understands that the offer is no longer on the table. Just cover your butt with cancelling in writing, not just e-mail, but hard copy and you will be fine.
 
Thanks step up



The adendum doesn't said bank address. and the bank name is Bank of record. Which i research in the internet. There is no such bank. The seller agent have my check. He suppose to send it to the escrow. But he didn't. my file has not been send to escrow. Hopefully this guy don't take my money for GAMBLE. Scary.



I did cancel with writting form. email it to him. there is no way he don't recieved it. i also fax to him. I have all in writting.



Thanks step up. I like that name. it 's telling me to STEP UP, dont' back down. powerful name.
 
[quote author="stepping_up" date=1227171905]if it is a bank owned, look at their addendum and see the clause about cancellation needing to be in writing. there should be an address. I would fed ex to it. Also, send a letter indicating you are cancelling to the broker's office with a signature required. Do this tomorrow overnight mail. Call the seller's broker and tell them you are rescinding your offer. I don't think you have to worry about a law suit.



It is normal for the seller's agent to have the check to give to the escrow company. The fact that the escrow company doesn't have it is a pretty good indication that the listing agent understands that the offer is no longer on the table. Just cover your butt with cancelling in writing, not just e-mail, but hard copy and you will be fine.</blockquote>
Great advise. You can't cover your butt enough in this situation.

Take control of the situation to make sure you have the proper documentation.

Federal Expressing the documents will provide you the proof of the date you sent in the proper forms.

Don't rely on the brokers with your money.

You need to look out for yourself since it seems like your agent isn't looking out for you.



Good luck.
 
Deuce and Xsocal - Are you thinking what I am thinking? Mr. Happy must be a troll because nobody could be this ridiculous.
 
Happy, I think part of it is language barrier, but even so you kind of sound like a bit of a nutter. You have all these frantic posts in many threads over something that is not an issue. If you do your notifications in writing, you have nothing to worry about.
 
[quote author="awgee" date=1227182511]Deuce and Xsocal - Are you thinking what I am thinking? Mr. Happy must be a troll because nobody could be this ridiculous.</blockquote>
I was thinking the same thing.
 
<blockquote>Why does Mr. Happy not write directly to the escrow company?</blockquote>


<blockquote>I was thinking the same thing. </blockquote>


awgee, Calgal



I think Mr. Happy is a put on.



Now his Realtor doesn't have a license. What next, the home has a different address?



If everything you say is true Mr. Happy, then you deserve to lose your deposit as an example of the Darwinian theory. It will keep you out of the market and thin out the herd.



Oh, the snarkiness of it!



You'll have a great day.
 
[quote author="stepping_up" date=1227184827]Happy, I think part of it is language barrier, but even so you kind of sound like a bit of a nutter. You have all these frantic posts in many threads over something that is not an issue. If you do your notifications in writing, you have nothing to worry about.</blockquote>


Nah, it isn't the language. It is the absurd additions to the story. Maybe one our resident agents can help here. Could the check have been cashed without being deposited in escrow?
 
[quote author="awgee" date=1227225836][quote author="stepping_up" date=1227184827]Happy, I think part of it is language barrier, but even so you kind of sound like a bit of a nutter. You have all these frantic posts in many threads over something that is not an issue. If you do your notifications in writing, you have nothing to worry about.</blockquote>


Nah, it isn't the language. It is the absurd additions to the story. Maybe one our resident agents can help here. Could the check have been cashed without being deposited in escrow?</blockquote>


I have the sinking feeling that happy is a real person. I can only hope it's someone just out for lulz. I wish him the best of luck. It's up to him to undo the mess he's gotten himself into as we've given more than enough info to rectify the situation.



In any case, I vote that OP should've chosen one of the other dwarves as an avatar.
 
<blockquote>Could the check have been cashed without being deposited in escrow? </blockquote>


awgee



I always had the buyer <strong>deliver a check directly to escrow made out to escrow so I or my broker didn't have to deal with trust account issues.</strong> Many agents do it that way.



Usually the check is made out to escrow or the broker account. If the agent doesn't have a license then what broker is he working for? If he wants to write checks directly to agents then I'm his huckleberry!



I still think he is putting us on. (and this from a compassionate conservative)



Enjoy
 
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