TimberCreek Developers Complaint - Failure to Return Earnest Money even though no contract signed
PAXTON, ILLINOIS -- TimberCreek offered to build us a house in the Deer Run Subdivision in Mahomet, IL. We signed a Memorandum of Purchase with our Realtor that stated clearly that this was a non-binding contract and that the earnest money check for $2000 would not be deposited until a contract was signed. When our lawyer and my wife and I went over the contract we could not agree on some of the terms so we did not sign it. I emailed TimberCreek about our decision and returned our copy of the blueprints. TimberCreek cashed the $2000 check several days before giving us the contract to read. When asked for the money back through our lawyer and also our realtor he refused and said come and get it. At no time did we agree to his cashing of the check nor did we or he make any written or oral statements that the money was not to be returned.
TimberCreek claims that because he made some room rearrangements on the blueprints we owe him the $2000. Since there is no binding contract of any sort, this is a gross violation of the contract.