Buying or Selling a Home/Earnest money dispute

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DougTingvall wrote at 2012-11-25 01:46:39
Although the original question is moot at this point, it still comes up on a Google search, so let me make a couple of corrections for future buyers.

First, it is not accurate that the seller cannot sell the property until the dispute is resolved. If the buyer does not sue for specific performance and only seeks a refund of the earnest money, the seller is free to sell to another buyer without first resolving the earnest money dispute, as entitlement to the earnest money is a personal claim and does not affect title to the real property.

Second, standard forms in Washington do not contain mediation or arbitration clauses, so unless all parties agree to mediate or arbitrate, neither party can compel the other party to participate in mediation or arbitration. However, I provide arbitration services for earnest money disputes for a flat fee of $500. Visit my web site www.RE-LAW.com for more information.  


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Dick Dennis

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With more than 41 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter, The Landed Gentry. It can also be sent to you via PDF.

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