### ESCROW / EARNEST MONEY QUESTION - OPINIONS APPRECIATED

[Mike Carson]

We accepted an offer on vacant land which we put up for sale by owner. The buyer (also a realtor) submitted the mutually signed contract to the escrow and closing agent. The escrow agent did not receive the earnest money from the buyer and did not disclose this to us until the buyer terminated the contract 2 weeks later. The money should have been in the agents custody within 2 days after the contract was signed per the contract. A few days after the contract was signed the escrow agent received an email from the buyer stating that the earnest money would be delayed. The escrow agent did not forward this email to us or disclose the buyers communication until after the contract was terminated. Did the escrow agent breach their fiduciary duty to us? Did the escrow agent breach their duty to make full disclosure to us? Did the escrow agent breach their fiduciary duty by "allowing" the buyer an extension of time to deposit the earnest money which was not in the contract? The escrow agent tells us that under the law they are not responsible for "enforcing the contract" or for telling the buyer the earnest money has been received/not received. Please tell us your thoughts. Thank you.

[Jerel Ehlert]

I'm only licensed in Texas as a lawyer, but I'm not your lawyer.

Let's say everything you say is 100% true, you take this to court, and win.  What is your damage model?