How do I get the escrow company to release non refundable EMD

[Moises Jerez]

Hi bigger pockets. We had a buyer sign a contract with a non refundable EMD. The buyer did not preform and the escrow company is saying they can’t release the funds. what step do I need to take to have the escrow company send the deposit to us?

[Wayne Brooks]

Title co.s Rarely release an EM deposit to one party without the written consent of the other party OR a court order. Since it’s often a “he said she said” situation, just like in your case, they don’t make the legal decision of who’s right, and they don’t want the liability.

You’ll likely just end up moving along.