San Antonio, TX asked in Real Estate Law and Arbitration / Mediation Law for Texas

Q: Can I get my earnest money back in Texas?

On Feb 27, we went to see some home and we stop on Perry Homes. The seller told us the prices where going to change soon. She ask us if we had an agent and since we didn't she told her friend who is an agent an was there. He said we could sell our home and get more 100k and we where pressure to sign a contract to lock the price.

A week later, the seller call us that we need to talk. She told us that the model home we wanted priced increased and that we needed to sign an ademdum with the new price which total over 13k more. We told her that was not what we agreed and that we will not sign the price increase. Then she said that if we wanted to cancel we could. But now, she said Perry Homes will not return our earnest money.

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Consumer Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Whether you can get the earnest money depends on the terms of the contract you signed. Take it to a lawyer for review.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.