Legal Question in Real Estate Law in Ohio

Earnest mone - who is entitled to it

We put an offer on a house, contingent on inspection, Based on the inspection, we provided the seller a list of items to be addressed. We went back an forth, the last thing being something the seller added/amended. They initialed and send to us to initial in agreement, which we never did and do not intend to do. Since they added the last amendment and we will not initial it, does this not consitute a ''voided contract''. Do they have any legal right to refuse to sign our ''mutual release'' and/or retain our earnest money? If we (buyers) altered the contract last, and they refused to initial one of our requests, I would assume the contract would be considered incomplete, or voided. We (buyers) paid to have the home inspection done, but aren't in agreement with what the sellers are offering in the request to remedy and since they made the last amendment, and the ball in in our court, doesn't that make the acutal acceptance of the contract contingent upon our initialing the last request?

Thanks in advance for your input.


Asked on 4/13/07, 1:09 pm

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: Earnest mone - who is entitled to it

The wording of the contract determines the circumstances for retaining or returning the earnest money. Presuming the contract was truly contingent on inspection, and you have disapproved in good faith, you are entitled to the earnest money back unless the contract specifically provides otherwise.

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Answered on 4/13/07, 2:08 pm


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