Allentown, PA asked in Real Estate Law for Pennsylvania

Q: The seller is refusing to sign off on returning our $10k earnest money after backing out of sale. Can we place a lien?

This was a semi quick close cash offer (3 weeks). Our agent made numerous requests for past inspection reports, as well as a "Completed" disclosure. After much time had passed & no compliance by the seller's agent, we decided to have an inspection done (We previously agreed to forego it if we could get the other info). The inspection was done literally one day past the 10 day contingency period (I know, but we tried). The inspection showed "Numerous" obvious items that were either not disclosed, or deliberately not filled out (Skipped) on the unfinished disclosure. Needless to say, we freaked out at the over $50k in repairs & structural damage, as well as blatant lies by the seller, so we canceled the contract. We tried to settle with them for $2k, but they are threatening lawsuit, and their agent is using a bullying scare tactic approach (Shockingly insulting too). He states, "Either buy the house, or give us the $10k. Period!"

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2 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: You need to engage a lawyer.

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Stand you ground. Sounds like they breached the contract.

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