Realtor wants me to pay earnest money after I said no to the deal???

Question

i found a house I wanted to buy it was a foreclosure. I initially made an offer of 78000 asking for 1800 in closing cost. The real estate agent didn;t ask for a check for earnest money only a copy of a check. He told me he didn;t need it only the copy. Well he called me the day after the bids went in and told me the listing agent asked him if he wanted to change the bid he told me I should change my bid to 80500 and only ask for 500 in closing cost he also said that I didn;t have to sign the new papers he would sign them for me. I was uneasy about this but I thought he knew better than me. Also during this time I found out the mortgage guy was trying to charge me hidden cost for closing. Needless to say I didn't feel right about the deal and felt that I was being rushed and taken advantage of. Well I told him to forget about the house because of all the things that had happened. He told me to sit in it a few days I told him no my mind was made up. Two days later he calls me and tells me that the people want their earnest money. I told him I never gave any earnest money for them to take. He then said that I would not be able to buy a house and they could stop me from using my VA guarantee. That didn;t sound right so I said to tell them to bill me and oh well if I didnt use my VA guarantee. The next day he called and told me I had to sign the termination papers. When I got to his office I signed the papers (I made sure it didn;t say anything about paying any money) He then asked when I was going to give him the $500. I told him I wasn;t paying any money because of how things went down with the deal. I was going to call the company and tell them what happened. He said he needed the money by 7 days, He said that if I didn;t pay they would come after him for it. I feel I don't owe any money if he wasn't rushing the deal and trying to get over this would not be the situation. Its not my fault he didn't do things the right way. What do you think. I am in Texas

Answer 1

Go over his head and talk to the manager or owner of the real estate company and let them know that you feel the agent acted irresponsibly and that you are not paying any earnest money.

They could sue you for the money, but it is not likely that they will proceed over $500.

I do not think that they can stop you from using your VA entitlement.

Answer 2

You did the right thing and it sounds like someone is trying to steal money from you.  You didn't give him any deposit and even if you did, you can rescind the offer within 3 days (check your specific state laws).  In any case, there was no payment, no meeting of the minds, and no contract.  Contact the Better Business Bureau and report him.

Answer 3

I would tell the realtor that you are going to get professional advise.  You are going to discuss this with the ofice of the real estate commissioner, and get their opinion.

Answer 4

This is a complete scam and he is trying to steal money from you.  Do not have anything else to do with him.  If he calls again tell him that you are going to report his conduct to the Board of Realtors and the Texas Attoeney General.  You did not give him any earnest money - a picture of a check IS NOT earnest money.

Answer 5

If your $78,000 offer was not accepted before you said, "forget it," then you owe nothing.

Answer 6

Well the copy of the check is the same as the check (except they cannot cash it).  So you did present "earnest money", BUT they most likely will not go after you for it.  If they do, you can present your side to a small claims court judge and let the judge decide.