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The Law Office of Stephen Nault

Practice Area

Earnest Money Dispute Attorney in Tennessee

A failed deal usually leaves one loose end nobody will let go of: the earnest money. The buyer wants it back, the seller wants to keep it, and the escrow holder will not release it to either of them. I handle that fight — the demand to the escrow holder, the interpleader analysis, and short, focused litigation when the deposit is being held hostage.

This page covers a focused service. For the broader editorial practice area, see Real Estate Disputes in Tennessee.

Whose breach, and was the contingency used right

These disputes come down to two questions: who actually breached, and whether the contingency rights were properly invoked. The work is the demand letter to the escrow holder, the interpleader analysis, mediation, and small-claims or chancery practice when negotiation will not move the money. The recurring patterns are financing-contingency fights, due-diligence terminations the seller contests, inspection-period disagreements, and seller defaults where the buyer wants the deposit back plus damages.

Why the escrow holder is stuck — and how interpleader breaks it

In Tennessee the deposit usually sits with a brokerage or a title company, and brokerage trust-accounting rules plus the contract language set the conditions for release. When both sides claim it and neither will sign off, the escrow holder often cannot pay anyone and turns to interpleader — handing the money to the court and letting the parties fight it out there. Seeing that coming shapes how I push for a resolution before it gets that far, because the deposit is frequently the only thing standing between the parties and being done.

Service area

Statewide advice; trial representation in Sumner, Wilson, Robertson, Trousdale, Williamson, and Davidson Counties.

How to start

Send the purchase contract, contingency-related communications, and the escrow holder's correspondence. Response generally within one business day.

The information on this page is provided for general educational purposes only and is not legal advice. Laws change and facts matter; every situation is nuanced. If you would like the office to evaluate your specific facts, please share the basics below and we will be in touch.

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