Bad Check

I had a contract fall through after an extension was given. The buyer could not get financing. They called me back begging me for another contract and had a new lender that my title company had recommended. I told them the only way I would consider was with 3k more earnest money and the cost of the house would go up 2500 dollars. They agreed and a new contract was signed.



Once again they did not provide me with a letter from the lender within three days (which breached the contract) and then their earnest money check bounced! I informed them that they were in breach of contract and would not continue.



I have contacted the state’s attorney’s office about the bad check and they are sending me paperwork. My question is if I am still entitled to the 3 thousand dollars since I have a contract that they signed agreeing to pay me the money?



The first contract’s earnest money was held at the title company and both parties have to sign paperwork (which I’m sure they will not want to do) in order to release the funds to me. I am in the process of talking to an attorney about this and would love some feedback. Thank you.

Comments(1)

  • slcunk3360615th February, 2006

    Thanks. That is basically what our lawyer said and I have filed the paper work with the state for the bad check, and will file with small claims court next.

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