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Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Every state is different.

Jun 15, 2019 10:14 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Not in Colorado, Seller has to sign off on the release of EM and Termination of Contract.

Mar 18, 2016 02:37 AM
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Ditto to Roy's answer...

Mar 17, 2016 04:21 AM
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Santa Clarita & Aliso Viejo

Yes if court ordered.

Mar 17, 2016 03:27 AM
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You must comply with your state and local laws.

Mar 17, 2016 01:54 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Janice Poole It depends.  Some escrow companies will make a decision as to who the EM goes to in the event of a dispute - unless there is clear language to the contrary in the contract...  consult an attorney for legal advice!

Mar 16, 2016 11:49 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Better check with the state board...ours has a free legal hotline...That would not happen here unless it was ordered by the court.

Mar 16, 2016 10:01 PM
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Can they? In my state, yes. Will they? Probably not unless the buyer gets a lawyer to push it.

Mar 16, 2016 06:13 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

In my state buyers have have a due diligence period in which they can cancel for any reason including just changing their minds. In that time period buyers can unilaterally cancel contract. I still seek to obtain sellers signature on the document, but buyers are certainly entitled to their EMD back in a timely manner. If the listing agent notifies me buyers do not intend to sign I send a certified letter to sellers and if it goes uncontested for 10 days I can give buyers their EMD back. (mind you this is my state and may not apply outside of Georgia)

Mar 16, 2016 03:00 PM
Toronto, ON

We don't have escrow companies in my jurisdiction.

Mar 16, 2016 02:52 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

In what State?

Mar 16, 2016 01:40 PM
Nancy Robinson Ranked #6 in MI
Century 21 Town and Country - Royal Oak, MI
#11 Century21 Realtor in the US, #16 in the World

Its  way to complicated to answer this  without  more information.  

 They can release the Ernest money but  mainly only if the release of the funds is not contested by the seller.  


I have  learned is a good thing to never go over the small claims court limit on an Ernest deposit,  Ends the whole issue in a few weeks rather than never or months or years.  

Mar 16, 2016 12:37 PM