Am I obligated to provide another EMD check to Realtor/Broker after 9 months post-settlement and smooth closing?
2 attorney answers
EMD is part of the purchase price. If your check did bounce, then you have not paid the full purchase price....to the seller. I question the realtor's actions, as you describe. The EMD check or its proceeds should have been transmitted to the settlement company for disbursement to the seller. If not, then your payment of the sums due under the settlement agreement would have been short and settlement could not have occurred. Move slowly, but get all the information.
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It's not clear from your question whether the check in fact bounced or not. If it didn't, that should be easy enough to show with bank records. If it did (and wasn't otherwise accounted for at closing), then you might owe that amount- and you should discuss with a real estate attorney.
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