Do I really have to write another check for earnest money if the first check was lost?

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Do I really have to write another check for earnest money if the first check was lost?

I closed on a Fannie Mai property about a week ago. The realtor is now telling me that they lost the check for the eanest money. They would like me to put a stop payment on the check and write them a new one. At a minimum, I would think I could subtract the cost of the stop payment, but technically, all papers are signed and it’s a done deal. Would I really need to write the a check at all? Also, not realizing this, I had to hire a plumber to raise the curb stop to grade even before the water utility would put the water meter back in. So for the first week, I didn’t have a simple thing like water.

Asked on April 24, 2012 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Check with your attorney about a curb and water issue.  Generally speaking, issues like that do not survive closing, which means that if you did not bring it up before you can not being it up now absent fraud r some other intentional act.  I think you need to write the check and I think it would be fine to deduct the stop payment fee.  Good luck. 


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