Walking away just days before closing.

[Brian Knox]

Main question: Might I be able to get my $1000 earnest money back?

With about a week to go before closing on a house, the outdoor AC unit was stolen. Sad thing is, this was the NEW unit and NEW theft-prevention cage that the seller had installed because the prior unit was stolen as well.

While we the seller and I had made it amicably through all of the inspection and repair processes, this recent additional theft of the AC unit has made me want to back away.

Now - in what is very frustrating and heartbreaking - the seller is refusing to sign the "release from contract" form, refusing to allow the return of my earnest money, and is also asking that I compensate him $500 for the AC cage. This hurts because it's additional to the $1000 out-of-pocket money that I have already put into the house (inspection, termite letter, appraisal, title work, etc).

Please help me know if I can possibly recover my $1000 earnest money. Honestly, the house is different now in that it lacks an AC unit.

With gratitude,

Brian

[Wayne Brooks]

If the seller refuses to replace the AC, you can get out. If he is willing to replace it, you lose your EM, as you should since you simply changed your mind.....the reason doesn't matter.