I've got a seller who is refusing to release my EMD on a deal, despite the very clear contract violations on their end (standard CAR contract). I had sent a notice to perform, and then ultimately the contract period ended, and I formally cancelled at that point due to seller non-performance. I have since moved on to a different agent as well - and the agent who represented me is completely checked out of this, leaving me on my own.

After initially refusing to release the deposit, the seller's agent emailed me weeks later saying they would agree to release funds to avoid small claims court. But the Escrow company still hasn't gotten their instructions, and won't release until there is mutual agreement. Now, the seller's agent is simply not returning any correspondence, leaving me little option.

Per the CAR contract - it's pretty cut-and-dry about pursuing small claims court, and without good faith reasons -they can be liable for treble (triple) damages as well as legal fees incurred on my end.

It's not a huge sum of money, but given that it's mine, and that the seller will be liable for legal fees associated - I'd like to talk to a lawyer to make sure I'm proceeding correctly. Anyone suggest a RE lawyer in Sacramento for a simple consult?

Related - any tips on how to serve notice to the seller? I've got their name, but only the agent's address.