Zillow Advice: Buying Process - Seller refuses to give us earnest money back. The pool is encroaching on neighbor's property. http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ Zillow Advice | Zillow Real Estate Dont let them push you around ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ Dont let them push you around on this matter and stay "in their face"<br/><br/>1. Meet with your real agent's managing Broker ASAP (today) and ask them what they plan to do. &nbsp;Ask them about your options.<br/>2. If no resolution in 3 days - file a claim in small claims court (if your earnest money deposit is under the limit of the court)<br/>3. If Small Claims court is not an option, hire an attorney within the next three days to write a letter to the entity holding the earnest money demanding immediate release. Copy everybody on the letter - owners, all brokers involved, insurance company etc.<br/><br/>Waiting for a resolution is not a good option. Wed, 28 Aug 2013 10:44:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-28T10:44:00Z Every state is different, ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ Every state is different, but in the contract I use, it states that the seller must provide a clear and marketable title to the home free of title defects. I don't see how they can provide clear title or get a title insurance policy for the property with an encroachment onto another person's property. Tue, 27 Aug 2013 23:15:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T23:15:00Z I would consult with an attorney, ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ I would consult with an attorney, the issue seems to be lack of disclosure since according to what you say the seller knew that the pool was encroaching on the neighbors land. By the way is this an above ground pool? Tue, 27 Aug 2013 22:54:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T22:54:00Z Go into the office of the ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ Go into the office of the agent that is representing you and ask for a face to face with the broker, explain your situation and ask what your options are. Tue, 27 Aug 2013 22:31:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T22:31:00Z In our area it depends on ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ In our area it depends on how your contract was written. &nbsp;Do you have a clause subject to obtaining favorable insurance? &nbsp;You might want to seek legal council.<br/> Tue, 27 Aug 2013 21:32:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T21:32:00Z I suggest talking to your ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ I suggest talking to your agent's manager/broker. In cases like this, the brokers from both sides talking to each other, followed by the listing broker talking to the seller, frequently results in a solution.<br/><br/>If you have met all deadlines (in particular, if you have not yet removed inspection contingency), then you are free to cancel the contract and get your deposit back. Tue, 27 Aug 2013 20:41:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T20:41:00Z It sounds like it is time ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ It sounds like it is time for small claims court.&nbsp; Good luck. Tue, 27 Aug 2013 20:26:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T20:26:00Z Agents are involved.&nbsp; ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ Agents are involved.&nbsp; But they say they've never had this happen before. They said the contract states we have to go to small claims court to get our money back.<br/>&nbsp;We met all deadlines.&nbsp; The property line is the issue.&nbsp; Half of the pool is in the neighbor's yard. The sellers discovered this at the time our offer was accepted..<br/>Seems a little odd that they know the property line is the issue and still refuse to release earnest money. Tue, 27 Aug 2013 20:22:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T20:22:00Z Are there agents involved ... http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ Are there agents involved in this process?&nbsp;&nbsp; What do they say?&nbsp;&nbsp; <br/><br/>Did you meet all deadlines in your purchase offer for inspections and requests?<br/><br/> Tue, 27 Aug 2013 20:07:00 GMT http://www.zillow.com/advice-thread/Seller-refuses-to-give-us-earnest-money-back-The-pool-is-encroaching-on-neighbor%27s-property/508836/ 2013-08-27T20:07:00Z