Do I really have to write another check for earnest money if the first check was lost?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I really have to write another check for earnest money if the first check was lost?
I closed on a Fannie Mai property about a week ago. The realtor is now telling me that they lost the check for the eanest money. They would like me to put a stop payment on the check and write them a new one. At a minimum, I would think I could subtract the cost of the stop payment, but technically, all papers are signed and it’s a done deal. Would I really need to write the a check at all? Also, not realizing this, I had to hire a plumber to raise the curb stop to grade even before the water utility would put the water meter back in. So for the first week, I didn’t have a simple thing like water.
Asked on April 24, 2012 under Real Estate Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Check with your attorney about a curb and water issue. Generally speaking, issues like that do not survive closing, which means that if you did not bring it up before you can not being it up now absent fraud r some other intentional act. I think you need to write the check and I think it would be fine to deduct the stop payment fee. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.