Home Buying in Charlton>Question Details

Dianna, Home Buyer in Charlton, MA

What should someone do if the seller of land refuses to return deposit.?

Asked by Dianna, Charlton, MA Tue Jan 29, 2008

Their atty cannot get in touch with them to get seller's ok to return depost. Land was found out to be unbuildable and we requested our deposit back 3 weeks ago?

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7
According to our Code of Ethics, Realtors may NOT give legal advice. Please seek this information from your attorney.
Web Reference: http://GailGladstone.com
1 vote Thank Flag Link Tue Jan 29, 2008
All is based on the executed sale agreement which should have a clause. Have attorney or buyers agent review the terms of the contract.

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Mon Dec 20, 2010
I completely agree with Clair Bee & Gail Gladstone (who stated that consulting an attorney is warranted).
This type of situation should not be handled by an agent/Realtor.
Legal issues demand legal advice and, if needed, action taken by a lawyer.

Best wishes ~
Jennifer Herbs
Licensed real estate salesperson & proud REALTOR
Keller Williams Realty Capital District ~ NYS
http://www.JenniferHerbs.com
(518) 505-4802
JHerbs@nycap.rr.com
0 votes Thank Flag Link Mon Dec 20, 2010
It really depends on the condition/reason they are keeping the deposit. Did the buyer back out of the agreement? Did the buyer not meet the contingency dates? There are various reasons a seller would keep a deposit and in rare cases they have a right to keep it. I hope you had a written contract and had an attorney overseeing the contract. If not, get one and let them advise you. Good Luck!
0 votes Thank Flag Link Wed Oct 7, 2009
Ask an attorney for legal advice

Clair F Bee III
Keller Williams Realty Capital District
Http://www.ClairFBee.com
518-724-5870

NYS LICENSED SALES ASSOCIATE
Web Reference: Http://www.ClairFBee.com
0 votes Thank Flag Link Thu Aug 6, 2009
A very typical situation. Your attorney should a letter of demand to the listing broker if that is who is holding it.
0 votes Thank Flag Link Tue Jan 29, 2008
Unfortunately you may have to file a lawsuit. You can also lien the land.
0 votes Thank Flag Link Tue Jan 29, 2008
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