Didnt get ernest money

[Longsally]

we had an offer on our home. They sent the final contract to us along with a copy of the ernest money check. We initialed our copy and gave it back to our agent. The next morning, their agent called ours stating that the people were having second thoughts. She insinuated that they could not afford the house. My agent pointed out to them that they had a pre-approval letter and that they did not check the contingent upon financing box so too bad. She then fax'd back our copy of the contract to them. The buyers had family coming into town and they were going to discuss the sale with them. The next day, they apparently backed out completely and their agent sent my agent a letter stating that since she told my agent they wanted out before our copy of the cotract was returned, the whole thing was null and void and she gave them back their ernest money. Is that legal? Can you just sign paperwork and then back out? Also, my agent requested the ernest money check and it was not delivered. Isnt that breach of Fudiciary duty?

 

[Longsally]

update

I just wanted to update.

We went to court, we all told our sides and we were able to cros examine the other side. When the buyers agent finished, I asked her if we had a verbal agreement on the night if the 24th. She said yes but that verbal isnt binding. I then stated that if it is not binding, why would we accept her verbal cancellation of the contract? Now written is binding isnt it? She agreed it was and that she had back the completed contract on the 25th. I asked her when she sent something to us in writing and she stated the 26th. I also pointed out to the judge that everything up until then had been fax'd and the letter she sent was sent by e-mail. The judge stated that he would notify us by mail of his decision.

 

[Longsally]

Update

WE WON the ernest money plus court costs.