Expert: Dick Dennis - 12/20/2008

Question
Hello Dick,
I'm trying to get my earnest money back from a home in Illinois that didn't go thru. The deal was suppose to go thru by 5:00pm on a Friday, well the financing didn't go thru so I decline to get another extension. The sellers attorney was upset and advised the seller not to give my money back. I've tried small claim court and the wrong person was summoned so the judge told me to go after the seller. I tried sending a registered letter to her but it was returned. The sellers real estate office has the money and said the attorney has to tell him to release it to me. What can I do and is there a statue of limitation?

Answer
There is no statute of limitations on fraud, Jennifer, because that is what this is until the seller proves otherwise. Since you know the money sits in the real estate office's trust account, that is who you must sue in small claims court to get it returned.

I would also, while you wait until the small claims court responds and sets up a date, lodge your complaint with the local Board of Realtors, in one the real estate broker belongs to.

Also complain to the Illinois state bar association about the attorney. Also you can complain to the Illinois Attorney General's office. You've got all kinds of organizations to complain to, Jennifer. Yes, unfortunately, like Shakespeare said, "The law's delay." And it will take time, but it will get done.

And if it was me, I would also run nice big ads (for which the real estate office will have to repay you) complaining about the real estate office. Business is bad enough without having to contend with dissatisfied customers. I do wish you well, Jennifer.

Dick Dennis