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Posted almost 10 years ago

Its never over till the commission check is cashed.

Today I learned a hard lesson.  I thought I had a deal done.  All cash offer on full asking price.  Purchase agreement was signed.  Earnest money was to be deposited with my Broker.  Instead, the buyers agent said, "its normal here that the title company escrow the earnest money'  By the time I got back to her she said she had taken the money to the title company, even though my purchase agreement clearly stated that the Sellers Broker (me) would escrow the check.  Fast forward 8 days of calls to the agent, trying to be calm and work with her.  And no check.  And to top it off, she said the buyer had walked the property and has now decide he does to want to buy the land!  BTW, there was no inspection contingency so in my opinion this was trespassing.  But I am no lawyer.  Next I called the title company as in my opinion, the buyer lost his earnest money right!?  Only to find out the buyer agent told the title company the deal fell through and they gave the check back to the agent.  So now what do I do?  I cannot just make him send me a check??

Lesson learned going forward.  Sign purchase agreement and get the check my self at the signing.  No relying on any other agents.  Now I have to explain this to my seller.  Not going to be happy.  


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