So the answer is the seller has to sign a release for me to get me deposit back even though I made the check out to the realtor?

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So the answer is the seller has to sign a release for me to get me deposit back even though I made the check out to the realtor?

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

Answers:

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

Answered 12 years ago | Contributor

Yes, apparently, because the money went into escrow.  Your only way to actually force the release of that money would be through the courts.  Your threat to do just that becomes much more credible when you hire an attorney.  I wouldn't be the least bit surprised if your attorney doesn't need more than a phone call or two to the the money for you.

And maybe it will take more than that.  I can't promise you that the seller has the sense to just do the right thing, because the seller has absolutely nothing to gain by doing this, and a lot to lose if it goes too far.


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