No contract signed.  Earnest money not returned
126682
Try going to your states attorney's office. Report the person to the state. File small claims if it's under 5,000. Send certified letter requesting return of money.
415373
You're probably going to lose this one, though more facts about the nature of the contract are going to be necessary.\n\nIf the agent was in any way instrumental in getting the offer, including advertising, you are contractually obligated to pay him.  Depending on the way the contract is written, you're probably precluded from attempting to sell the property without your agent's help, so even if someone who had never seen your agent or anything done by your agent made you an offer out of the blue, you would need to refer that person to your agent.\n\nThe provision in your bi-laws basically means that if you sign a contract with a real-estate agent and the agent does *nothing* for 28-days, you're off the hook.  As it hasn't been 28 days yet, and I'd be surprised if the agent hasn't done *anything* yet, there isn't going to be any way you can avoid this.  \n\nYou may attempt to fire your agent, but you're going to need to closely consult the actual contract you've signed, preferably with the help of a licensed attorney.
283936
Talk to an attorney or real estate agent.  These yahoos on yahoo don't have any credentials.
548256
Legal process for releasing Earnest Money.\n\n1) Buyer and Seller sign Termination and Release agreement, on which they agree to who is entitled to the earnest money.\n\nIf Buyer and Seller do not agree\n\n2) Holder of earnest money, in your case the real estate brokerage,  makes a decision based on contract to who is entitled to the earnest money. Before releasing money broker must first send a 15 day letter, which states the intent of the broker and offers opportunity for parties to dispute decision.\n\nBroker has option to..\n\n3) Allow buyer and seller to settle dispute in court.\n\nThis is the process in GA, TN, NC\n\nIf you have reason to believe that it was not handled correctly, I would speak to a lawyer and see if you are right. You can also put pressure on the broker and put in a complaint to your states licensing board as they don't take kindly to the mishandling of trust funds.
601681
Howdy. I live in Texas and have had a few real estate dealings. It sounds to me like you don't have much of a case. If you signed the FMV form, that's all that necessary, since the lender usually fills the thing out and submits it to you for approval. The lender's signing is an implied agreement, given that they provided the value figures on the form. Remember, lots of things in the Texas Constitution have been amended by legal precedence over the years, without those cases being included IN the Constitution.\n\nEven if you have a leg to stand on with no actual second signature, I would bet that a judge would side with the lender in your case, simply due to that old standard legal mumbojumbo that says "this is what is commonly accepted as proper legal practice".\n\nYou might also want to check with your original lien holder to see if they have any input on the lender who holds your second lien. Sometimes, these home equity folks tend to be a little shady in the way they do things. If you call them on it, they may back down from foreclosure or give you some alternatives to losing your house.\n\nGood luck, whatever you decide to do.\n\nFiveStarAuthor@aol.com\n\n(I've edited several books on real estate, so I actually do know something about this subject, though I'm hardly an expert.)
610316
money is earned not given
202227
Dragonfly is correct.  There may have been actions you could have taken if he had sold you the business under false pretenses, but after you re-negotiated, you should have written a new contract.  If you did not write a new contract after the change in agreement, the original contract still stands.\n\nYou could argue verbal contract, but 99% of the time the written contract will win.\n\nAlso, if you don't have any contract, then its even worse.  You could try to only pay him the half, but if you don't have any paperwork conveying the business to you or outlining the payments and the purchase, he can just take your money and claim either that you haven't paid, you haven't paid enough, or that you never even had a deal on the business.\n\nIf you are not well informed on the law, it is always wise to consult an attorney before making major business decisions.
293256
Unfortunately, without having a copy of the lease you cannot sue him for deciding not to rent to you.  You have no proof that you and he had a contract (hard lesson learned).\n\nHe is, however, obligated to return your security deposit.  If he doesn't answer the next time you try to call him he doesn't answer, tell him you've contacted a lawyer and he'll be in touch about the return of your security deposit.  The talk of a lawyer alone should scare him into returning your money.  If that doesn't work, you may need to contact a lawyer for real.  You say you have a receipt proving you paid him the deposit, so he can't deny he owes you that money.  \n\nGood luck with everything and I hope you find another place soon.  Next time do not leave without a copy of the lease in your hand...
483555
The contract you signed said that you would provide "clear title" on the date of closing.  That means, on the date of the closing, in exchange for money, you provide title free and clear of all easements and liens (except those specificially identified, e.g., easements for utilities).\n\nYour lien holder will need to provide a release at the closing.  But lets talk about "real life."\n\nNormally, lien holders provide a release of liens prior to the closing, to be held in escrow by a title company or attorney, to be delivered only upon receipt of good funds (usually certified check) at closing.  This way, you do not need to have everyone in the world at the closing.\n\nFailure to do this, while non-traditional, is not a breach of contract, nor an anticipatory breach.\n\nWhat COULD be happening is the buyer wants to back out.  I say this, because, if the case were to be litigated (as threatened), the remedy is a court order REQUIRING that you provide clear title.  This will take far longer than the closing date.  Meanwhile, you show up at the closing, the lien holder shows up at the closing, and ... what now?  The buyer is there, and he is required to pay the money, and the deal is done.\n\nThere is something else going on here, but it is possible the buyer wants to cancel the contract.\n\nYour response, at this point, is that under the contract, you will deliver free and clear title on the date of the closing.  You will abide by that contract, and expect the buyer to do the same.\n\nGood luck.
296241
ideally what you can do is get a bank statement showing that money was disbursed as a cheque to ur relative that much of a paper evidence is amply sufficient incase u dont get the house u will atleast get the money back as the court will see it as a loan
630208
I doubt the lien would be enforceable since he had no ownership interest in the house when judgement was entered, but I recommend consulting a lawyer, things things vary from state to state.
371149
Unfortunately, you don't have any rights until contracts are exchanged. The only things you can do are as follows:\n\n1. When having the offer accepted, insist that the house is taken off the market.\n2. Keep in regular contact with the vendor - this shows them that you're serious.\n3. Always keep on top of things. When the solicitor sends you a form, fill it out straight away etc. Don't wait ages saying "ooh, I'm too busy,"\n4. Keep in contact with the solicitors, and give them a gently nudge from time to time to remind them that you're still there.
615119
You can try to do it yourself by going to the office of the county clerk or county register (where the deeds are recorded) and following the deeds back for 20-30 years, but this will only show the record owners of the property.  It will not show if there were any mortgages that were not paid off, it will not show if there are any judgments against owners of the property (which act as liens against the property), it will not show if all taxes, added assessments, water and sewer fees have been paid and it will not show you all of the easements or other restrictions which may affect the property.\n\nYour best bet is to spend $500-1,000 and get a title insurance policy.  The title company will search anything and everything that may affect the quality of the title and they will issue an insurance policy protecting you from claims by anyone else.  Also, if you ever plan on financing this property the lender will require a title insurance policy anyway.
375983
Do you have a reciept from the transfer you made? You should have something in writing saying that the money should have been there. Unless you have some proof that the money was supossed to be there I can't think of anything that you can do. I hope you work all this out and Good luck.
506131
It appears that you are dealing with a probate issue as well as issues related to ownership of property. \n\nI would suggest that you seek legal advise, in the form of a lawyer, or mediator. The legal issues are complex and technical, as the will will likely will have given direction, but clearly has not resolved issues. this will therefore have to be contested, and unless the other parties are willing (which does not appear to be the case) this will become a complex and time consuming situation.\n\nAt $ 100. to 150. per hour (or more) you can see that it would become very expensive to resolve this matter. \n\nanother approach may be to suggest to the other parties to have the property appraised by certified appraisors (not realtors)\n(each party to do their own) and agree that the average is the base price to work from, and then to use this number as the value from which you all negotiate a buy out at terms that work for all parties.\n\nKeep in mind that neither of the parties may be able to come up the money to buy any one or more parties out,so it may require each of the parties to become creative and allow for some private mortgaging to one or an other.\n\nI assume you are all family in some fashion or another, so the emotional side of all this is another consideration and may make my suggestion something that allows each of you and the respective family to move forward and keep relations civil and constructive.\n\nTher is likely little incentive by the parties using the property to resolve the matter, but if everything else fails the courts will have to resolve the matter, and trust me "everybody will LOOSE".\n\nGood luck
598650
What the lender wants to hear is that the money you received is simply that, a "gift" not a "loan".  I would have the person/s who gave you the gift write a letter stating the the money is a gift given freely and that no repayment is required.  \n\nDear So and So, \n\nThe funds in the amount of $xxxx to (you) is a gift only and no repayment is expected or required.  We do not and will not retain any interest in any propertyor items purchased with the gift funds.\n\nThank you\n\nGift Giver  :)
630556
Who is handling the transfer of all the other property if there were any such as the home, furnishing, bank accounts and any other savings, stocks or bonds?\n\nIf there is no probate you should call the insurance company that has the annuity  and find out from them when you will be able to receive our funds.\n\nYou might also check and see if the amount you received has any tax consequences, with a trusted tax advisers that your family or you know.\n\nI hope this has been of some use to you, good luck.\n\n"FIGHT ON"