Handling of earnest money—Definitions—Notice from holder—Interpleader action, forms—Application.

The holder's notice must also specify an address where written objections to the release of the earnest money must be sent. The holder must maintain a log or other method of evidencing the mailing of the holder's notice.

Release of Earnest Money Deposit

If the holder receives, at the specified address, a written objection or inconsistent demand from another party to the transaction within the twenty-day period, the holder must not release the funds to any party, but must commence an interpleader action within sixty days of receipt of the objection or inconsistent demand, unless the parties provide subsequent consistent instructions that authorize the holder to a disburse the earnest money or b refrain from commencing an interpleader action for a specified period of time.

The holder has no obligation to search outside its records to determine the current mailing or email address of the other parties, and is not liable for unsuccessfully locating the other parties' current mailing or email addresses if outside records are used.

This interpleader lawsuit has been started against you in the above court. The plaintiff's claim is stated in the complaint. In order to protect any right you have in the money described in the complaint, you must file a response to the complaint and serve a copy of your response on the other defendant within twenty 20 days after the service of this summons, if served within the state of Washington [or within sixty 60 days after service if served outside the state of Washington], excluding the day of service.

The day of service is the day that this summons is personally served or postmarked, if served by mail.

If you do not respond to the complaint within this time period, the other defendant may enter a default judgment against you, without notice and you would lose any interest you may have in the money described in the complaint. If you serve a "Notice of Appearance" on the other defendant, you are entitled to notice before such a default judgment is entered.

The plaintiff has waived all claims to the money deposited with the court, except for reimbursement of its reasonable attorneys' fees and costs.

Wrongful Failure to Release Earnest Money Has Consequences - San Antonio Real Estate Attorney - Trey Wilson

You may wish to seek the advice of an attorney. In such case, you should do so promptly so that your response, if any, can be served within the applicable time. This summons is issued pursuant to Rule 4 of the superior court civil rules of the state of Washington.

COMES NOW the interpleader plaintiff, and alleges as follows:. Plaintiff is holding earnest money related to the attached real estate purchase and sale agreement the "agreement".

Defendants are the "buyer" and "seller" under the agreement. The sale contemplated by the agreement did not close.

Both buyer and seller have made conflicting claims for the earnest money. At the time of filing of this complaint, plaintiff has deposited the earnest money with the clerk of the court pursuant to RCW 4. Plaintiff disclaims any interest in the earnest money, except for reimbursement of its reasonable attorneys' fees and costs.

Pursuant to RCW 4.

Real Estate Purchase Contract (Farm and Ranch) - Legal Form

The defendants' names and addresses last known to plaintiff are:. WHEREFORE, Plaintiff having interplead the earnest money, respectfully requests:. That the court adjudicate who is entitled to the earnest money. That the court award plaintiff its reasonable attorneys' fees and costs.

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