How long does it usually take?

[caseysmom]

Can you cancel the check? I would call my bank immediately.

[sparks19]

Can you cancel the check? I would call my bank immediately.

they cashed the check already. it was the "good faith" money to hold the house. But with everything that went on afterwards we decided we didn't want the house plus we couldn't get financing because they have an illegal septic system. so it was cashed before we cancelled the contract.

[Sparklecoon]

I haven't kept up with what was going on with your house. I remember you were going to get it. Apparently not now . I hope everything gets settled and works out for you. People suck sometimes.

[caseysmom]

I would call the company the realator works for, you could also threaten calling the board of realators on him.

If they cash the check where does it go? Does it go into a title company? If so call them.

[sparks19]

I would call the company the realator works for, you could also threaten calling the board of realators on him.

If they cash the check where does it go? Does it go into a title company? If so call them.

OOOH good idea. I believe the check goes to the sellers but I will have to check on that. But I am going to call Brian right now to see if he spoke with our realtor yet and see what she said. and I am going to tell him about the board of realtors if she hasn't already suggested it.

[caseysmom]

I wouldn't think the sellers would get the money, they should get no money until escrow closes, was the check made out to the seller?

You defenitely had a right to back out of the contract and they have no right to that money, if you have to file in small claims court.

[sparks19]

I wouldn't think the sellers would get the money, they should get no money until escrow closes, was the check made out to the seller?

You defenitely had a right to back out of the contract and they have no right to that money, if you have to file in small claims court.

I have to ask hubby about that. I'm not sure who it was made out to. he wrote it and I didn't even think to ask lol. So I will have to ask him who it was made out to and who cashed it.

I told him about the board of realtors and he is going to mention it to our realtor for when she calls this guy.

If that doesn't work we will go the small claims court route.

[sparks19]

I haven't kept up with what was going on with your house. I remember you were going to get it. Apparently not now . I hope everything gets settled and works out for you. People suck sometimes.

Yeah the original house we were going to get had some issues....

first off every seller has to fill out a sellers disclosure. In this disclosure it asked if there were any known problems with the septic system and they said no. And it also asked if there had ever been any damage from termites or wood eating insects and they said no.

We got a copy of the septic inspection the owners had done 6 months ago. the septic system failed inspection and they never fixed it and didnt' mention it in the disclosure.

They also had a termite inspection done (we have that copy too) and there was damage and they made the repairs but in the disclosure they said there was never any damage.

BUT the biggest thing was... in PA your septic system has to be 100 feet away from the well and in this case it is not. So it is an illegal system and THAT was never mentioned. Luckily the financier got a copy of the land survey and found out about it and of course they won't approve a loan with an illegal system.

So there was just a lot of shady stuff going on and we were going to back out before we even found out about the septic being less than 100 feet from the well. The sellers were apparently mad about us backing out... well they should have thought about that before trying to pull a fast one.

So I'm worried that since they apparently have hard feelings about it that they are going to try to keep our check. there are circumstances where the sellers can keep the check to cover the time the house was not on the market... but THESE circumstances do not allow them to keep the check. it is even in our contract that they cannot keep the check if we have just cause to back out.

So I just wonder how long we should wait before taking the next step. Brian is calling our realtor today to have her contact him AGAIN about the check and let him know that we are prepared to take the next step and if that means legal action so be it. HOPEFULLY it doesn't come to that though.