Legal Question in Real Estate Law in Illinois

Opted out of buying a home. Only signed the offer agreement. Our lawyer told us house was short sale ended up not being a short sale and seller wanted to close by end of Aug. We didn't have the closing cost money because we thought we had more time since we were originally told the house was short sale. Can we get our earnest money back?


Asked on 9/02/14, 9:15 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have. In addition, without the benefit of reviewing the purchase agreement, any answer merely would be a guess.

Read more
Answered on 9/03/14, 5:46 am

I totally agree with Mr. Moens. At the same time, we are not supposed to be giving legal advice without establishing a relationship with whoever posts a question. So we can only give general direction. Almost every 'standard' form of residential purchase contract offered by realtor associations has an attorney approval section, and today many of these forms actually have sections dealing with short sales. If you thought this was a short sale, then there should be something in the contract about it and if not it is something you should have told your attorney so he or she could have dealt with it in attorney review. So when you say you "opted out" of buying a home, there must have been some language in the contract, or negotiated into it, that gave you that impression. It is up to you to talk to your attorney to confirm these things. Attorneys can't function on "impressions" unless what you are suggesting is that you were somehow defrauded, and again it is up to you to share all the important information with your attorney. So this is intended solely to assist you in communicating with your attorney, and not as advice as to how the contract can or should be interpreted. The "attorney-client relationship" means a two-way street.

Read more
Answered on 9/03/14, 7:54 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois