It is my policy not to answer annonymous questions

Maybe.  See an Attorney.

  Hey Janice, I am being polite and respectful... why don't you join our Community?  Post a photo, and a brief Bio, so that we can welcome you to ActiveRain.

Check your state law regarding release of escrow funds. My state has specific procedures.

You go Mary Yonkers 

The AZ RPC gives escrow sole discretion in releasing earnest money according to the contract. They rarely will do it themselves and will hold out for a mutual release. However, I have seen escrow decide who got the earnest money and in my opinion it was an unfair decision. The contract allows them to do it, though. And both parties signed it.

I expect terms and conditions vary by state. Here in CA you cannot release the funds without both parties agreeing in writing and we have a form for that.

But it sounds like you should seek legal advice regarding your state requirements and the particular situation, not expect nor rely on answers from someone here

Fred Griffin and Michael Jacobs have this one covered.

It depends on the language in either your state purchase agreement and/or escrow instructions.  

That depends on the language in the escrow agreement. 

Depends on your states contract.  In my state, a cancellation form must be signed.

No idea.

What the answers! 

Follow the contract and what it says to do. If it is unclear most states have procedures that must be followed for earnest money release.

Not in my area. Both principals must sign any documents. Without that Escrow would not dare.

In Texas that's not the law. Howevere, to keep the file clean, the title companies I'm familiar with will ask that the parties aree to the release.

Doesn't the contract predict the answer?  Why should the EM be returned? 

This is dependent on the laws of the state you reside in and then best answered by a real estate attorney.

NO.

Follow your state law requirements.

Hi, Janice Poole Haldeman here - I posted the question and this is in WA state.  I posted also on a "real estate agent" site and it's interesting how the answers vary so much.  Every single Realtor indicated (of course in WA State) (and yes, they are Realtors, not attorneys) that a signed rescission is required to release the EM.  That it is ABSOLUTELY not up to escrow without such document and that in other case could this occur without liability to Seller.  And YES everyone,  I do plan to consult with an attorney here in WA.  Was just "asking a question" to a legal forum so sorry to some of you who got offended or thought I didn't have enout sense to contact an attorney.  After I do talk to a REAL ESTATE ATTORNEY in WA State, I will provide you all with their take and results.  Thanks for participating!

We would really need to examine your contract to determine the answer, you may want to share it with a good Real Estate Attny.

The escrow language answers the question. The company I am using now specifically states they will hold disputed funds and charge for it too. Consider also that buyer/seller or anyone can instruct what to do and when as long as they agree. Good question and thank you

PLEASE consult an attorney in your state before the conflict deepens. Sounds like something went wrong somewhere along the line.

Not without liability unless you have a court order!

Janice. It depends.  Some escrow companies will make a decision as to who the EM goes to in the event of a dispute - unless there is clear language to the contrary in the contract...  consult an attorney for legal advice!

No.

It depends on why the earnest money is being returned.

Legal question.

Yes but they probably won't without legal action to force it.

Escrow is a sort of 'joint' account that can be 'touched' only when both buyers and sellers signatures are there.

We don't have escrow companies in my jurisdiction.

Read your contract...it should be addressed there. If not, ask your broker or a good lawyer.

Janice Poole I agree with Fred that it would be great to have you spend more time in the Rain.  

In the case you describe, the Seller may have a case if he can prove he waas entitled to the money  --- if that is true, he should consult with a good real estate attorney.

If he was not damaged by the actions of the escrow company, he is just wasting the time of everyone involved.

I am not an attorney and this is not intended as legal advice  -- just sharing things that I have seen in the past.

Interesting good question.