Legal Question in Real Estate Law in Nebraska
Returning Earnest Money
We put an offer on a house. Our mortgage wasn't finished by the close date and the seller backed out two days later.
Now, the lawyer that was holding our earnest money is refusing to return it. He keeps asking for more proof and more proof.
How can we get him to return the money?
1 Answer from Attorneys
Re: Returning Earnest Money
I would need to see the terms of the offer that you signed when you committed to buying the house. If the attorney is asking for proof, it probably means whether or not you get a refund depends on whether you fulfilled all the terms of the offer to be eligible for a refund. The lawyer has an obligation to his client to be absolutely certain the client is not entitled to keep the earnest money before he makes any refund. You might need to retain a lawyer. In any case, I would make sure the lawyer gets the proof he is asking for from you.
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