Earnest Money back from seller? (renter, condo, loan)

[annieque]

I put an earnest money deposit of $2000. on a condo in march of 2011. I could not get the loan because there was too high of a percentage of rentals in the complex. There were other potential buyers that could not get a loan for the same reason and I have proof of that, too. I still stayed the year I had in the condo, renting, no money going towards purchase. At the end of the year with no loan received I gave notice and moved out. I had another renter that the owner accepted and agreed to and we have that contract to prove the dates that I stayed for the year. So I ask for my earnest money back. My boss owned the condo and she passed away a month later and her daughter, the executor of the estate refused to give me my money back, even though the contract stated that if I couldn't get a loan by the end of the year that the earnest money would be returned. I thought I would get the earnest money back during the settlement of the estate and I didn't get it. So I sent a certified letter to the executor, and she wouldn't sign for it and it came back to me. It was clear and written in the contract that I would get my money back if my loan didn't go thru. I fulfilled the year at the condo but they are avoiding dealing with me. What should I do? Now that the estate is settled can I still get my money back? The sellers realtor is trying to help me get the money back and agrees that I should get it back. It's been since march 2012 and I haven't heard a word and no one will contact me....obviously the money was not held by the broker and was given to the seller who is now deceased. what should I do from this point? I do have receipts and proof the earnest money changed hands.

[MrRational]

Originally Posted by annieque

I put an earnest money deposit of $2000. on a condo in march of 2011.
...her daughter, the executor of the estate refused to give me my money back...
...So I sent a certified letter to the executor, and she wouldn't sign for it and it came back to me.
The sellers realtor is trying to help me get the money back and agrees that I should get it back.

Why did the realtor give the money over to the seller?
Go up the line to the BROKER (owner) of that agency and the RE board to complain.

What should I do from this point?

Pretty soon you'll have file suit against the whole lot of them if this sort of asking nice isn't getting it done.

For future reference... RE buyers NEED an attorney from the outset.
There is NO substitute.