Waiting On Financing

Legal Questions

My earnest money deposit on the real estate I am trying to buy in Berrien County, Michigan, has been held for over three months and I have not obtained financing. I have not received the home or a letter from the selling agent disputing the matter.

Question:
My earnest money deposit on the real estate I am trying to buy in Berrien County, Michigan, has been held for over three months and I have not obtained financing. I have not received the home or a letter from the selling agent disputing the matter


Answer:
Usually, when a Buyer is purchasing a home with funding provided through a mortgage loan, the obligation of the Buyer to complete the purchase is contingent upon the Buyer obtaining the mortgage funding. Since you did not get the mortgage, then the purchase agreement should be terminated and you should get your escrow deposit back. Ask the selling real estate agent for your deposit back. You may show the selling agent a copy of this letter if you want. If the agent refuses, then report the agent to the Detroit Association of Realtors, 2111 Woodward Avenue, Suite 509, Detroit, Michigan 48201-3469, Phone: 313-962-1313, Fax: 313-962-0844.


Attorney: Mark Miller

Miller Johnson Schroeder, PLC
728 Pleasant Street #101
St. Joseph, Michigan, 49085
(269) 983-1000

Our Michigan office is centrally located in Berrien County, enabling our lawyers to serve clients throughout "Southwest Michigan", including St. Joseph, Stevensville, Benton Harbor, Bridgman, Baroda, and the surrounding areas.

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