What are my options if a seller will not return earnest money deposit?
We entered into a purchase agreement on the standard PA forms. We had an inspection contingency. The home was inspected within the 10 day period and uncovered material defects that were unacceptable. We timely terminated the agreement pursuant to the inspection contingency clause and provided the seller with the inspection report. However, the seller is refusing to sign the relevant termination and rerun of deposit forms. Our agent has thus far been unable to have them sign the forms, and we cannot pursue another home until we receive our deposit back.
If the seller refuses to agree that you should receive your deposit back, you will need to file a lawsuit alleging that the seller breached the purchase and sale agreement, and get a court order that the money should be returned to you. Depending on the amount of money at stake, you may be able to file in the Magisterial District Court (small claims court) or Common Pleas Court. Good luck with your situation.
