What???? That is insane!! Someone or somebody is commiting some unscrupulous acts here to the extent that you are being damaged. You have a serious legal issue here if indeed the seller is refusing to sign over your deposit. And signing over your deposit is the least they can do before you threated to seek punitive and compensatory damages based on a breach of contract and specific performance. Slam dunk legal matter in your favor with malicious intent on their part. Go get em. That makes me raging mad when I hear things like that. Where is your respresentation in all of this?? I'm so sorry. Outrageous!!

Hi Ken,

I am not a real estate lawyer and you should talk to one. But if you end up in the court you most likely come up winning. In America no one should be forced to sell their homes and no one should be forced to buy one either. And my opinion the judge will feel the same. You have a good reason. You seek the help of a lawyer if you need to and please let me know the outcome. I strongly believe I am correct!

Homa
Broker Associate
Prudential California Realty

Hi Ken;
Where is your Realtor? Is he or she helping you or giving you any advise? I question signing away all your contingencies.
The law is, if you signed the liquidated damages, portion of your contract, and you breach the contract, which it sounds like you did, the seller is entitled to up to 3% of the bid for the property, but the seller must prove that they were damaged to that amount.
Did you sign the arbitration clause in your contract? This may have to go to arbitration.
I assume the $19,000 is being held in escrow. They will not release it without agreed upon instructions from both sides.
In short, the seller does not just get the money. They have to prove that they were damaged somehow.
Where is your Realtor?