Legal Question in Real Estate Law in Virginia

How can I get my EMD returned to me

We placed a contract on a house. We had been pre-approved by the bank and at the end of the process, we got a decline letter from the bank. We had a financial contingency on the contract and now the listing agent is not returing our calls and does not want to return the money alleging that all contingencies expired, but the financial contingency never expired. There were also a few other addendums we sent to the listing agent and we never got back from the bank signed, so they are on default. I need help on returning my deposit of $8000 (my life's savings)


Asked on 11/12/08, 3:10 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: How can I get my EMD returned to me

You could sue this agent for up to $5000 without an attorney in small claims court if he or she persists in this refusal. Otherwise, you will likely need to retain counsel to go after the agent for the full amount owed plus attorney's fees if the latter is allowed for under the sale contract.

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Answered on 11/13/08, 12:06 am


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