If your clients are seeking the returns of their earnest money deposits but the sellers irrationally refuse, you might use this Real Estate Motion for Summary Judgment for Return of Earnest Money Deposit. You will probably need to conduct some discovery first to gather the necessary evidence, unless you happen to have it early on. Then you will just need to follow the time frame as provided by the Florida Rules of Civil Procedure. This form is 5 pages long and priced at only $25.72 (1,286 words at 2₵/word).
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In the underlying case, the plaintiffs sought the return of a substantial earnest money deposit after the seller refused to honor their proper cancellation of the Real Estate Purchase Agreement. The plaintiffs properly exercised their right to cancel under the property inspection and financing contingencies however, and this Motion for Summary Judgment was ultimately granted by the court. For this Motion, extensive evidence was also filed in support therewith, including but not limited to the Real Estate Purchase Agreement, affidavit of the property inspector, documents evidencing the plaintiffs' attempts to obtain financing, deposition testimony, and more.
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