Legal Question in Real Estate Law in Georgia

I live in Ga and was buying a house in IL...my closing was to be 8/31/10. I gave 2500.00 earnest money in July 2010. They could not close on time, they wanted to wait till 9/3/10 and I told them no will not wait. Also, 8.30.10 was driving to IL to close and was told by my buyer agent that the title/deed had 7500.00 lein/fine for house being empty and not being up kept per city. Since they could not close and with this lein information I cancelled deal which I followed the contract. They could not close and with a title fine ( I was told title was clean, bank owned property). Now after 1 week, I still have not gotten my earnest money back. I am losing interest on these funds. I just talked to my Buyer Agent and he said the Seller(Bank) had not signed off on it yet. I signed off on 8/31/10. Please a little guidance. I live in Georgia, but transaction was in Illinois..not sure what state to use. Thanks


Asked on 9/07/10, 9:56 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You need an Illinois lawyer since the property that is the subject of the transaction is located in IL.

Best of luck.******The above is intended for informational purposes only and does not create an attorney-client privilege.******

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Answered on 9/12/10, 10:02 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Assumning you did things right, one never signs a sales contract without consulting with a lawyer (this is 100% necessary to ensure protections for your escrow money and problems are in the contract). Since you were buying in Illinois, you had to see an Illinois lawyer to do this pre-signing review for you.

I'm not sure why you have not yet called your lawyer there, but he is the go to guy. You need him at this point. Call him.

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Answered on 9/12/10, 10:03 am


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