Complaint Form - The Franklin County Municipal Court Small Claims Division

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EXHIBIT B
IN THE FRANKLIN COUNTY MUNICIPAL COURT
SMALL CLAIMS DIVISION
Broker (name and address)
:
Plaintiff,
:
-vs-
:
Case No.
Seller (name and address)
:
and
:
Buyer (name and address)
:
Defendants.
:
COMPLAINT
1. ________________________(hereinafter "Buyer") and ________________(hereinafter "Seller") entered an
agreement ("Purchase Agreement") dated________ by which Buyer agreed to purchase from Seller
certain real property located at ______________________. A copy of the Purchase Agreement is attached
hereto and incorporated herein as Exhibit A.
2. In accordance with the terms of the Purchase Agreement, Buyer deposited with _______________
("Broker") the sum of _________________as an earnest money deposit.
3. Broker has deposited the earnest money in its trust account and holds the deposit for the
benefit of the Defendants pursuant to the terms of the Purchase Agreement.
4. Both Defendant-Buyer and Defendant-Seller now claim a right to the earnest money, and
neither will authorize Broker to pay the deposit to the other.
5. The Ohio real estate licensing law (O.R.C. 4735.01 et seq.) prohibits Broker from paying the
earnest money deposit to either Buyer or Seller in the absence of an agreement of the parties or an
order of a court specifying to which party the earnest money should be paid.
6. Since neither Buyer nor Seller will authorize Broker to pay the earnest money to the other,
Broker seeks an order from the Court specifying the party to whom Broker should pay the deposit.
WHEREFORE, Plaintiff-Broker demands that the Court require Buyer and Seller to come forward
and set forth the bases of their claims to the earnest money; that the Court issue an Order
directing Broker to pay the earnest money to Buyer or Seller, and that Plaintiff-Broker recover its
costs herein expended.
Respectfully submitted:
_______________________________________
Plaintiff-Broker:
_______________________________________
_______________________________________
_______________________________________
Address and Telephone Number

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