Question My wife and I was going to rent a house in surprise az. the
realty agent told us we hand to put down a earnest deposit in the amount the rent which is 950.00 well my wife and I were never told that the utilitys were all electric and the owner well not replace the carpet .We were willing to put down five and a half months rent up front plus pet deposit other deposits . well we are not going to rent that house and we have not sign a lease yet when we called up the agent and told her that we changed our minds and that we wanted to have them get us another house we were told that the earnest money was not refundable and that we could not use it on another house can she do that ? and how can I get our money back? thank you for your help
Answer I would ask for proof that the earnest money is non refundable. If you signed something that stated that, not much more you could do. If not, this would become a civil issue and you could take the agent to small claims or justice court. You also have the option to file a complaint against the agent at azre.gov with the department of real estate. Hopefully you can work something out before it comes to all of the above mentioned options. I am not an attorney and this is not intended to be legal advice. You should consult with an attorney for additional advice.
Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract. For buying and selling in Arizona contact me at www.realestatematters.org
27 years in the business. Broker owner of Iannelli and Associates. Radio host, expert witness and certified real estate instructor at the Arizona School of Real Estate and Business. Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.
Organizations National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.
Publications Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.
Education/Credentials Licensed Real Estate Broker, BS in Education, certified real estate instructor for the Arizona School of Real Estate.
Awards and Honors Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold.