Recommended for legal counsel in Minnesota?

Recommended for legal counsel in Minnesota?

Dat Tien VuPro Member
Member since 2020 · 7 posts · 3 votes

Recommendations for legal counsel specialized in RE transactions? Financing fell through due to loss of job mid-transaction. Financing contingency in PA is checked and clearly states EM to be returned to Buyer. EM was sent to Seller broker's trust fund (eXp). Seller refuses to sign cancellation agreement. Served Notice of Declaratory Cancellation via service of process company to the address as stated in the PA. Seller no longer physically resides at the address. Seller's daughter currently lives at the address and was served. Affidavit of service provided by Server and was shared with eXp. Seller claims they never were served and Seller broker is not releasing based on Seller's word including saying they are seeking legal counsel (they have been seeking legal counsel since December). eXp MN state broker team has been unresponsive and very unhelpful throughout the process. Very slow to communicate, having to send multiple emails and voicemails without any response. When finally chased down to giving response, eXp broker is very evasive and pretending to not have been kept in the loop despite being copied on every email, texted and voicemailed to their personal phone. Looking for a lawyer to sue both Seller and Broker.

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  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    2y

    Notify seller's broker that the contract was properly cancelled pursuant to the financing contingency and that he is not to release the funds to his client. File a complaint against him with the Real Estate Commission for not returning the funds to you nor filing and interpleader relating to the funds. If he believes there is a dispute over who the funds go to it's on him to file an interpleader to determine their proper recipient. 

  • Tim SwierczekPro Member
    Lender · White Bear Township, MN · Member since 2016 · 1k+ posts · 1k+ votes
    2y
    Quote from @Dat Tien Vu:

    Recommendations for legal counsel specialized in RE transactions? Financing fell through due to loss of job mid-transaction. Financing contingency in PA is checked and clearly states EM to be returned to Buyer. EM was sent to Seller broker's trust fund (eXp). Seller refuses to sign cancellation agreement. Served Notice of Declaratory Cancellation via service of process company to the address as stated in the PA. Seller no longer physically resides at the address. Seller's daughter currently lives at the address and was served. Affidavit of service provided by Server and was shared with eXp. Seller claims they never were served and Seller broker is not releasing based on Seller's word including saying they are seeking legal counsel (they have been seeking legal counsel since December). eXp MN state broker team has been unresponsive and very unhelpful throughout the process. Very slow to communicate, having to send multiple emails and voicemails without any response. When finally chased down to giving response, eXp broker is very evasive and pretending to not have been kept in the loop despite being copied on every email, texted and voicemailed to their personal phone. Looking for a lawyer to sue both Seller and Broker.

     Contact @Brad Schaeppi he can help you for sure.

  • Dat Tien VuPro Member
    OP
    Member since 2020 · 7 posts · 3 votes
    2y

    Thanks everyone. EM had been released! Appreciate the support!

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