How can I get my Earnest money deposit back?
2 attorney answers
Answering this question would require first a detailed review of the real estate sales contract. Some contractual obligations impose absolute conditions precedent to a contract becoming binding; while others simply impose an obligation to perform which may give rise to an action for damages, but not rise to the level if a substantial enough breach to allow cancellation or rescission of the contract. Sometimes the contract spells out exactly what the remedy is for failure to meet a particular contingency. With respect to deposits, there is often detailed provisions. The contract may also provide for mandatory mediation or dispute resolution procedures in event of a dispute over the right to withhold a deposit. In order to determine your rights, you will have to pay a lawyer at least for the time it takes to review the contract.
You should consult with a real estate attorney in your location. They can advise you how best to seek to reclaim your Earnest money deposit.
Unfortunately, the VA will not intercede on your behalf to get your money back . This is a matter you must pursue on your own.