Expert: Dick Dennis - 10/22/2006

Question
Hello. My fiance and I are having some trouble. The home we were going to buy, loan fellthrough,deal is now void,right.Now before that happend.The inspection I had done showed radon gas was present at a level of 8.2 or higher(major defect),epa says no higher than 3.9 Now as part of the closing seller agreed to pay $150 A day rent untill I took possesion 3 days later that came out to be $450. As part of the adendum to the purchase agreement I was to pay half of the remediation cost,$450. seller and I agreed in writing that my half would be given inlieu of the $150 aday rent. the sellers agent/broker is now keeping my earnestmoney,playing judge and jury.Saying The earnest money goes to the seller. Do I owe the seller this money?, or should I pursue a small claim case?. HELP.

Answer
That agent is obviously new to the game. ALL moneys should be handled by and disbursed by a neutral third party, in most cases an escrow company, or title company or attorney.
Period. The agent should not be, as you say, "judge and jury." If you have lost any money, you may take the matter to small claims court. If you have not lost any money, forget the whole thing and just remember that agent and the name of his company for the future. You might also send a letter to the office manager saying that you will be advising all the friends, neighbors and relatives to watch out for their company.

I do wish you well.

Dick Dennis