Earnest Money

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Dodgegirl_2008

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I had a contract to purchase a home in Texas that ended on Sept 29. The Third Party Financing Condition Addendum stated that we had 30 days to obtain funding from the execution date of the contract ,which was signed on Sept 12,to get our Earnest Money back. On Oct. 2, our financing fell through and we signed the Release of Earnest Money and the Notice of Buyer's Termination of Contract. The seller is refusing to sign the Release of Earnest Money form so that we can get our money back from the title company. He wants to keep the money even though we are entitled to it according to the contract. The only way to get our money back is to take him to court. What type of court case do I file in order to get him to sign the papers for the title company to release my money?
 
How much was the EDM? If the amount is $5K or under, you can sue them in small claims court to ask for reimbursement of your EDM. If the amount is over that, you will need to go to civil court and request that your contract be enforced so your EDM can be refunded. Hope this helps!
 
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