9. Paragraph 9 in turn indicates that the buyer contends that the earnest
money deposit has not or should not be forfeited. Describe the buyer’s claim to the earnest
money deposit and note the claim the buyer has made against the REALTOR®.
10. Paragraph 10 is an important paragraph, in that it is in this paragraph that
the REALTOR® asserts that he or she has no interest in the earnest money deposit, and admits
that either the seller or buyer is entitled to all or a portion of the earnest money deposit.
11. Finally, Paragraph 11 states that, unless the seller and buyer are required
to assert their claims against the earnest money deposit, it is possible that the REALTOR® could
be exposed to double or multiple litigation for the earnest money deposit -- this makes sense
inasmuch as either the buyer or seller could sue the REALTOR® for the earnest money deposit.
Interpleader is expressly designed as a mechanism to avoid such conflicts and adverse claims.
“WHEREFORE,” the final paragraph of the Complaint sets forth the broker’s
request for relief, i.e., that the earnest money be deposited with the court; the broker be
discharged from any further liability as to the earnest money deposit; and, thereafter, the seller
and the buyer resolve the claims between themselves.
The Complaint should be signed by the REALTOR® and verified, i.e., notarized.
GENERAL INFORMATION
At the time of the filing of the Complaint, it will also be necessary to cause a summons to
be issued. It will be necessary for the REALTOR® to determine what judicial district their court
is in and insert that number and the address and telephone number of the court on the summons.
A REALTOR® will also need to pay a court filing fee. The amount can be determined from the
court clerk.
A REALTOR® will also need to determine which District Court is the proper forum to
hear the interpleader action. This is known as venue. Venue is proper in the county where either
the buyer or seller resides, or where the cause of action arose. A REALTOR® should generally
file the action in the District Court for the county where the REALTOR® resides, arguing that
the earnest money deposit is being held in that county, and the cause of action thus arose there.
Venue is waivable, so the buyer and seller may decide not to challenge venue, and the
REALTOR® should attempt to utilize the closest District Court if a good faith argument can be