What
if the transaction isn't completed? Is my deposit refundable? Who
pays the fees?
When a transaction fails to close,
a cancellation agreement must be reached between parties. This cancellation
agreement must be put in the form of a written instruction, just
as your contract was. Since the deposit is part of the escrow contract,
both the buyer and the seller must mutually agree to its disposition.
Instructions for the disposition if
this deposit should include, among other things, provisions for
the payment of charges incurred during the escrow. This would include
fees and costs incurred by the escow holder and charges such as
loan processing and title insurance fees as specified in the escrow
instructions.
For related topic see
cancellation.
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