Expert: Dick Dennis - 3/14/2009

Question
Hello, Mr. Dennis.  I saw a house with an agent a week ago (3/5/09). I made an offer and went through the usual ordeal of signing multiple pages and writing a deposit check of $2000 as recommended. The next day, I had a change of heart (I know that it was annoying for the agent). I emailed the agent regarding my "new decision", and clearly told him that I want to cancel my offer & requested my deposit check to be returned. He wrote me back by saying that he will return the check on 3/9/09. Well, needless to say, I never got the check to this day. My questions are: (1) is there a form I need to sign stating that I am cancelling, AND (2)is there a penalty for me to cancel when I did?  Thank you for sharing and teaching...

Answer
You may cancel at any time as long as the other party has not accepted your offer, Peter. You have proof that you have cancelled with your email and his email response saying he will return your deposit. Take those two copies to his office manager and ask for the return of your deposit. There should be no problem. If there is (by some crazy quirk) then write or call the state department of real estate and file your complaint. Guaranteed it will not get past this point. I do wish you well.

Dick Dennis
dick@dickdennis.com