By Ryan S. Shipp, Esquire – Florida Real Estate Attorney
561.699.0399 | Shipplawoffice.com
When buying or selling real estate in Florida, understanding escrow deposit disputes is crucial. Whether you’re a buyer trying to recover your earnest money deposit or a seller looking to enforce contract terms, knowing your rights and legal options can save you time, stress, and money.
What is an Escrow Deposit?
An escrow deposit, commonly known as earnest money, is a good-faith deposit made by the buyer when entering into a purchase and sale agreement. This deposit is typically held by a title company, real estate attorney, or escrow agent until closing. If the transaction is successful, the funds are applied toward the purchase. But what happens when the deal falls through?
Who Gets the Escrow Deposit if the Deal Falls Apart?
The fate of the escrow deposit depends on the specific terms of the contract and the reason for the cancellation. Common scenarios include:
✔️ Buyer Cancellation with a Valid Contingency: If the contract includes contingencies (such as financing, inspection, or appraisal) and the buyer cancels within the allowed period, the buyer is typically entitled to a refund.
✔️ Buyer Breach of Contract: If the buyer fails to close without a valid contractual reason, the seller may have a right to claim the deposit as liquidated damages.
✔️ Seller Breach of Contract: If the seller fails to perform, the buyer may be entitled to a full refund or may even pursue legal action.
✔️ Mutual Agreement: If both parties agree on how to distribute the funds, the escrow agent will release the deposit accordingly.
What Happens When There’s a Dispute?
If the buyer and seller cannot agree on who should receive the escrow funds, the escrow agent cannot release the deposit without proper authorization. Florida law requires the escrow agent to follow specific legal procedures, which may include:
Mediation: A neutral third party helps the buyer and seller negotiate a resolution.
Arbitration: A legally binding decision is made by a third party.
Litigation: If mediation or arbitration fails, the matter may need to be resolved in court.
Interpleader Action: The escrow agent may deposit the funds with the court and let a judge decide.
How Can a Florida Real Estate Attorney Help?
Navigating an escrow dispute can be complicated, and timing is critical. An experienced Florida real estate attorney can:
✅ Review the contract to determine your rights
✅ Negotiate on your behalf to reach a resolution
✅ Represent you in mediation, arbitration, or court
✅ Ensure compliance with Florida real estate laws
Need Help with an Escrow Deposit Dispute?
If you’re facing an escrow deposit dispute in Florida, don’t leave your money or property at risk. Contact Law Office of Ryan S. Shipp, PLLC today for experienced legal representation!⚖️
Call: 561.699.0399
Visit: Shipplawoffice.com
