MARTINELLI MARTINI & GALLAGHER

Please note *** Everything regarding to and relating to the purchase of the home was done legally and in a timely manner. Two weeks before the closing after a long dragged out process of trying to get financing for the purchase of the property the lender denied the loan. The sales contract specifically states and has a provision in it that if the buyer shows due diligence in securing a loan yet can not get financing the earnest deposit will be refunded. Martinelli, Martini & Gallagher Real estate were given a written notice by the lender for the reason of denial of the loan August 30th 2013. The have repeatedly said by phone to my broker they were releasing the funds (my deposit) Sept/15, Sept 23, Oct 3, Oct 15, Oct, 22 that's 5 phone calls in which they said the funds were being returned. In the last 2 phone calls they said the check was in the mail. All legal deadlines were adhered to their is no legal reason why they can hold my deposit. They will in the end have to refund it of this I'm certain. They have held my deposit (a very large deposit) in my opinion to be vindictive, spiteful and to generally cause me undue grief for no other reason than because the sale of the property did not go through. It's now October 31 (almost 2 months after the first request for my deposit to be refunded and I have not received my earnest security deposit. Now I find myself in the position of having to retain an attorney which is going to cost me $$$$. I believe their actions are unethical and dishonest. They do not conduct themselves in a professional manner and and have unscrupulous business practices. Additionally I've come to find out that the funds were suppose to have been held in a separate escrow account from the realty company yet the agency has not after several requests produced evidence of this. In addition to hiring an attorney I am going to pursue filing a complaint with the State Attorney General's office and the real estate licensing commission.