I have a question regarding having an EMD refunded. My clikent submitted the EMD. We are in and had 10 days to submit a

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Customer: I have a question regarding having an EMD refunded.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: My clikent submitted the EMD. We are in Virginia and had 10 days to submit a repair request, we were late by 1 day, but the seller's countered the request. However, my client is not happy and wants to walk away and get hius EMD back. Can he do that even though we missed the deadline by 1 day?
JA: Have you talked to a VA lawyer about this?
Customer: No.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That would be it.
Answered by Attorney Bruce in 5 mins 5 months ago
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Attorney Bruce
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Attorney Bruce, Expert

Thank you for your question. My name is***** been practicing law for thirty seven years. Kindly allow me to review your post. Be right back.
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Attorney Bruce, Expert

Welcome. Thank you for the opportunity to assist you today. I know that legal issues can be frustrating.

Just so you are aware, You have reached JustAnswer.com, an online legal question and answer site. Just Answer is just a legal information site. We do not provide representation and no attorney-client relationship is formed.

I will provide answers to assist you in reaching a resolution as quickly as possible.

Please be patient if I do not respond right away as I may be researching or typing my responses or assisting another Just Answer customer.

I have reviewed your narrative. Sorry you have to deal with this unfortunate situation.

Technically if the deadline was missed, no.

What is is your client is not happy about?

Did the landlord agree to do repairs?

Customer
Even though the sellers responded to the repair request?
Customer
He no longer wants to move forward as the repair offer was not what he wanted.
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Attorney Bruce, Expert

What was the response?

What is is your client is not happy about?

Did the landlord agree to do repairs?

Customer
$500 in repair costs. We asked for $3,700
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Attorney Bruce, Expert

So it can be reasonably argued that by responding, the Seller has waived the "deadline" that was missed.

Therefore the repair offer can be rejected and a demand fo termination of the agreement and return oif the deposit can be made.

Note that this is just my general opinion based on my experience handling over 6000 real estate transactions, and the facts you provided, and further legal research for case precedents, which is beyond the scope of this service, may be required.

Customer
Do you think the sellers would have a case if they tried to keep the EMD?
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Attorney Bruce, Expert

PLEASE READ CAREFULLY:

So it can be reasonably argued that by responding, the Seller has waived the "deadline" that was missed.

Therefore the repair offer can be rejected and a demand fo termination of the agreement and return oif the deposit can be made.

Note that this is just my general opinion based on my experience handling over 6000 real estate transactions, and the facts you provided, and further legal research for case precedents, which is beyond the scope of this service, may be required.

Customer
Thanks.
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Attorney Bruce, Expert

Thank you for giving me the opportunity to assist you.

Based upon the information you provided I have given my best reasoned answer in accordance with applicable law and practice. If any part of my response is unclear, please let me know. Please feel free to ask more questions on this topic and I will be happy to continue to assist you here in this chat.

Best wishes for a successful outcome. Thank you for using Just Answer! We appreciate the opportunity to help you. If you have future matters, please open a new question thread and request "Attorney Bruce" by clicking here: https://www.justanswer.com/law/expert-attorneybruce/?rpt=3800

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Note that JustAnswer.com offers assistance in areas, such as Legal, Medical, Veterinary, Computers, Antiques, and more. If you have questions in those areas, you can use JustAnswer.com to obtain assistance from those Experts. Thank you again for trusting JustAnswer.com.

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