Hi Bruce,
it was resolved (with the contract, that is). Despite originally saying we didn't need it, our realtor had us sign the release form you mentioned and, while I don't have the deposit back in my bank yet, the title company has acknowledged receipt of the release and the check is on the way.
Now we just need to figure out how to void the contract with our agent. My wife and I are quite non-confrontational and are not looking forward to that conversation.
Thanks again for all of your assurances and well-informed replies.
Ben - Sun Jul 13 2008, 16:04
Thanks Bruce. I may actually be able to sleep now. - Sun Jul 6 2008, 19:39
Oh, and I asked her about the release form and she said that, since the addendum to the contract, which we signed and sent, has a clause stating, "All escrow funds shall be released to the buyer" that the addendum covers the release. - Sun Jul 6 2008, 19:01
Hi,
thanks for the replies. We went ahead and faxed the forms to the sellers' agent and the title company earlier today. Our agent seems unconcerned about the process (it's not her significant earnest money deposit sitting out there!). Since we have confirmation that the notice was transmitted to the seller within the window, is there any danger of losing the deposit? What if the sellers don't sign the documents?
Thanks again,
Ben - Sun Jul 6 2008, 18:59
Well ... we just did ... I hope it wasn't too big a mistake!
Needless to say, we're exiting from our contract with our agent later this week. We have been very poorly advised throughout the entire process. - Sun Jul 6 2008, 10:03
Thanks. If our agent is unresponsive to our concerns, is there a reason for us not to fax a copy of the forms to the selling agent ourselves? - Sun Jul 6 2008, 09:29