I am being told the seller has tosign a relaese to get my deposit back.Who is responsible, the seller or realtor?I cannot get it back. its been2months

We did exactly what was in our contract. After the home inspection, the seller did not want to make any repairs. So our contract says we can walk away due to the inspection clause. Now I am being told that the seller has to sign a release form in order to get our deposit back. I had a bank check made out to the weichart for my deposit. How is legally responsible to give us our deposit back? The seller or the Realtor? And what legal options do I have. Would it be worth retaining a lawyer, especially since I dont have the money to, or can I get the defendant to pay my legal fees as well? Thanks

Asked on May 30, 2009 under Real Estate Law, New Jersey


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In this economy, there are too many desperate people, and I think that the cost of a lawyer should not be what decides this.  Many New Jersey attorneys would, I'm sure, take care of getting your deposit back, as part of the fee for the puchase you will at some point be making -- and as usual, the attorney fees would be included in the costs to be paid at closing.  What you really cannot afford here are mistakes.

It sounds like there should be no trouble getting your deposit back.  The realtor will say the magic words to the seller, and the seller will sign the release.  The magic words?  Sometimes, "They hired a lawyer."  If it works like that or not, you need someone tracking every detail for you.  One place to find an attorney who can help is our website, http://attorneypages.com

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