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Updated almost 7 years ago,
Title Co stopped return of earnest money check without notice....
I live in Texas and had a Contract on a house on 1/4/18. I gave Title Co earnest money 1/4/18. On 1/10/18 I exercised my termination option. On 1/11/18 I called Title Co and asked how I should get earnest money back, they said to come in and pick up check. I picked up check and deposited it. Same day, 1/11/18, they call and ask for TAR1904 form to release them from liability. I promptly sign form and send to them along with forwarding them my written termination of the contract.
On 1/17/18 the check bounces, overdrafting my account and causing $50 in fees with the bank. I email them and tell them what happened and demand the fees on top of the earnest money. They told me I was aware that the check was stopped...even though they never told me.
On 1/20/18 they wired the earnest money but did not send anything for the fees. The Title Co is being unresponsive and unprofessional...do I have any recourse to get the $50? I tried to google laws I could cite for a small claims petition but could not find anything. Seems like there should be some law that people need to give you notice before stopping a check... Any advice is greatly appreciated.