Legal Question in Real Estate Law in Illinois

Re: Earnest Money

I was a little confused by the facts as you described them, but, as best as I can understand, your own lawyer refused to release the ernest money to you after the buyer has refused to close on the sale of your house. Assuming these are the facts, my first question would be: what does your lawyer say? Is his or her refusal based upon the fact that the buyer has not affirmatively manifest his or her intent not to close, assuming the closing date has not yet passed? What are the reasons given by your attorney for his or her failure to provide you with the funds, and what does he or she require before he or she would be willing to release the funds?

I suggest you start there. If your lawyer has no basis for refusing to release the funds to you, you may have a claim against your lawyer.

-- Kenneth J. Ashman; Ashman & Griffin, LLC;, 312-648-1700; [email protected]

Re: Earnest Money

I have a form that I utilize in situations such as this. It requires that BOTH parties sign. This is probably a situation where your attorney is waiting for the signature of the other party, as he does not wish to be responsible for the money as an escrowee if the other side decides that you have fault and wish to contest the matter in court. GOOD LUCK!