Can I be held responsible if company made a mistake and gave me back the earnest money? 4 Answers as of December 13, 2013

I was going to purchase a home. I decided not to buy it. The title company sent me back the check for earnest money. Now they want it back. Can I be held responsible for their error?

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Janke Legal Consulting | Bruce C. Janke
If the contract says that you forfeit the earnest money if you cancel the purchase, then the seller can sue you for breach of contract to recover the money. You cannot legally take advantage of an error.
Answer Applies to: California
Replied: 12/13/2013
Stephens Gourley & Bywater | David A. Stephens
That depends on the nature of the mistake and the documents you signed with the escrow company.
Answer Applies to: Nevada
Replied: 12/9/2013
Law Offices of Linda Rose Fessler | Linda Fessler
If you were not supposed to have the money returned to you, and you keep it, that would be considered larceny.
Answer Applies to: California
Replied: 12/9/2013
OlsenDaines | Rex Daines
You signed a contract which states that the other party is entitled to the earnest money amount if you back out. Yes, they can sue you to recover that money and they will win the suit. You should read the contract, it probably also provides that they are entitled to attorney fees as well so if you do not pay it back voluntarily, when they sue you, they will also ask for you to pay all of their attorney fees and court costs.
Answer Applies to: Oregon
Replied: 12/9/2013
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