If the buyer delays beyond the 5 days, the only issue is: What did the contract say was the status of the EMD?If it says the buyer has made a deposit that is being held by the escrow agent, then there is a material misrepresentation in the contract, and VREB will likely come down hard on the agent.
If the contract is ratified without the agent having the EMD, or with a post-dated check, or with a check in the mail, or whatever the case may be, the contract needs to reflect exactly that status.
Don’t say you have a deposit if you don’t, and if it’s post-dated or on the way say that in the contract.
Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Animals bring love to our hearts and warmth to our souls. They had every right to go ahead and cash the checks as soon as you wrote them.
The date on the check does not control when the check can be cashed.
In nov 2008 I wrote 3 post dated checks one to a landlord for rent on a building two to a parts store for a revolving credit account the one to the landlord was 2400 and the two to the parts store were 3200 1600 a peice I worked all across the united states and wrote the checks because I would not be anywhere near texas in dec of 08 in the course of things my contracts got canceled "I owned a business in the oil feild" I called both of the guys involved and told them the checks would not clear and told them I would have to work something else out with them they both agreed I paid the parts store 1400 and then ran out of money I found out this month that they both turned the checks over the district atty and that I have a felony warrant out for my arrest and a 30000 bond I cannot afford a lawyer and I dont know what to do Im a single dad of a two yr old boy and If i get arrested I cant bond out everything Ive read says that post dated checks cannot be turned over to the DA however these guys did I am scared for my sons well being and dont know how to proceed can someone please help You really do need an attorney.
You should be able to get a low cost/no cost consultation with an attorney through your local legal aide society or a law school if you have one near by.You must report this violation to the Real Estate Board within three business days. Please note that the Real Estate Board needs the broker to report the violation in writing either by regular mail or e-mail ([email protected]).The Growth of Legal Loan Sharking: A Report on the Payday Loan Industry Jean Ann Fox, Director of Consumer Protection Consumer Federation of America November 1998 Lending small sums of money at exorbitant interest rates for short periods of time was once considered a social problem requiring the solution of usury and small loan laws.would it be a bad Idea to call the DA and tell them that the checks were post dated or should I just hope I dont get pulled over and try to hire and attny Ive read the Texas state law and its specifically excludes post dated checks Im sorry I just feel that I really havent done anything wrong...I owe the guys money absolutely...Im not denying that but right now there just isnt enough to go around I talked with an atty about this last week that Ive used before he said that it was just a DA being a jerk and shouldnt be a problem to handle but he said I would cost 1500 I could pay a couple hundred just not 1500 an Ive been told legal aid takes months to get a response from and Im afraid its just a matter of time before they show up to arrest me.In a payday loan, both the lender and the borrower know that sufficient funds to cover the check are not available when the check is tendered.