Home Buying in Montgomery>Question Details

Cathy Goodman, Home Buyer in KC, KS

What happens to a deposit given to a builder for new construction if the buyer goes out of business?

Asked by Cathy Goodman, KC, KS Wed Jul 30, 2008

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I'd be surprised if you get your money back. You'd likely be an unsecured creditor in the back of the line in the bankruptcy court. I'd do my best these days to put any deposit in escrow with a title company and ask for an upgrade costs to be included in the purchase price.
Web Reference: http://www.teamlynn.com
1 vote Thank Flag Link Wed Jul 30, 2008
Bruce Lynn, Real Estate Pro in Coppell, TX
The builder I was working for did give back the deposits. I would agree that if they don't I would take with a Real Estate Attorney.
0 votes Thank Flag Link Wed Jul 30, 2008
I am not an attorney and you would need one for this -- but in the past -- in this area -- the way most builders contracts are written. You would join the unsecured creditors in any action.

Just what I have seen as what normally happens in this area please contact an attorney to protect your interests.
Web Reference: http://www.find1home.com
0 votes Thank Flag Link Wed Jul 30, 2008
Of course I meant if the builder goes out of business!
0 votes Thank Flag Link Wed Jul 30, 2008
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