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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

No Sir, I have not.  I did have an investor cancel the contract on a short sale and request his deposit returned.  He must have forgotten that he signed an addendum stating deposit would not be released prior to 90 days.  I reminded him of that ... it was not contested ... it was contractual.

Jul 15, 2015 09:19 AM
William Feela
Realtor, Whispering Pines Realty 651-674-5999 No.

No...Being honest all the way through the process may be why.

Jul 15, 2015 08:28 AM
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

No, but one deal that was recently canceled could have been contested IMO.

Jul 15, 2015 08:18 AM
Spirit Messingham
Tierra Antigua Realty - Tucson, AZ
Third Generation Full-Time Realtor® 520 471-6900

I have seen title companies sit on the fence, too afraid to make a decision.  We provide clear instructions with the purhcase contract that should be followed in regards to earnest money.

Jul 15, 2015 07:36 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Richie Alan Naggar author of books on Life-Love-Intimacy-Purpose Yes, it happened once to a client of mine. My client, the buyer did not get financing and the seller would not sign a release to give back the EMD. My company at the time holding the EMD released the funds and took on the responsibility.

Since this happened, my State has procedures in place to keep this from happening.


Jul 15, 2015 06:44 AM
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less my opinion, (humble :) ) earnest money is not so earnest. In our state , and with current litigation atmosphere, clouded title is a two edge sword. And  the release , non release , cancellations & causation and making whole is a realllly big bag of messy soup. Title/escrow is normally 99.99 on it. .but your still dealing with the "other side". Buyers get very very mad when the deposit isnt returned , and sellers likewise when a deal is canceled

Jul 15, 2015 06:15 AM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Had a close call just recently but that is one of the reasons I think so highly of the title company we use.

Jul 15, 2015 05:41 AM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

No, I have had a local brokerage that held a refunded earnest money check for almost six months before it was cashed...

Jul 15, 2015 05:38 AM