ready to close, after third extension by buyer. Listing was fraudulent. Seller admitted it. Said he had two legal buildable lots but did not. Tried to get permit but didn't complete work in timely manner and couldn't finsish by 3rd closing date. Then didn't want to refund deposit. I don't want to litigate, but what Vermont real estate laws can I point to? The contract did say time is of the essence.
it could just be a learning experience, depending on how big the deposit was. Many buyers will insist that the buyers attorney hold the deposit, or the real estate agency. here in vt, realtors are governed by the real estate commission and as such cannot release a deposit check in either direction (if it is disputed) without the written consent of both parties.
are there any other contingencies that you could use to get out for bonafide reasons? what does your attorney say?
Like the others said, i am not an attorney and do not intend to give legal advice, but given the information, that is what i see.
Sincerely,
Ben Thomas REALTOR
Century 21 jack montpelier
Hi Susan,
your Realtor can point you in the right direction. If you used the standard Vermont Association of Realtors contract, there are several clauses regarding remedies for breach of contract and mediation prior to litigation. There is no law specific to seller's default on real estate closings.
Good luck with it.
Pike
Century 21 Jack Associates.
Susan,
Time to call in the attorneys. The law depends a good bit on the contract that was signed by both parties.
I really can't be much more help than that without getting the full story from the beginning.
Good luck.
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