Hello, we have our farm for sale (FSBO type) and had an offer with $1,000 ernest money put down by buyers. This was late August with a closing date of Sept. 28th. They were pre-approved with 100% financing and a 6+% interest rate. Turns out they didn't tell broker that it was 91 acres instead of under 20 so that financing fell through. They and I searched for a lender to get them financed. We kept extending the closing date along an extension for us with the place we wanted to buy back in Texas. We messed with them for 2 1/2 months. She wanted in @ closing so we moved 99% of our stuff - house and barns - into storage by 9/28. The new broker she worked with for a month got her 100% financing and a 6.825% interest rate. The only holdup was to get an appraisal done. The last week before closing, she decided to get mad at the broker for what he was charging (she knew up front). She sends me an email saying her broker can't get her suitable financing (she only communicates via email not phone) and was backing out. She never got the appraisal either. I have talked with her broker and he says they were approved - with Fannie Mae even! and all she had to do to finish was the appraisal. When she wanted to back out, we offered to pay half of the closing costs but she still backed out. Now she refuses to sign the refund form the title company sent her. Wont' even answer messages from title co. What is our next step to get the earnest money? We can get a letter from the broker stating that they were approved pending the appraisal. We have been out over $2500 on moving out and still have two loads in Texas to bring back up here. The title company (small small town) said that they will keep it in escrow until court. Do we have to sue and if so, can we ask for attorney fees and the expenses of us moving out since they never completed the contract? The only contingency is they have to be approved for financing (no details on what kind of financing) and they could get an inspection. That's it. It was a little crappy contract her first broker got together.
Thanks for your advice.