If a closing does not happened on the assigned date, can the buyer cancel and get all his deposit returned.

Kele
Home Buyer
New York, NY

Answers (2)
Lisa Brodeur, A...
Agent
Fort Lauderdale, FL

Hi Kele:

The answer to your question surely lies within your contract, and depends on the reason for the seller not closing on the property.

As Angela mentioned, if the delay is due to circumstances beyond the seller's control, then it is highly unlikely you can cancel and have your deposit returned.

However, attorney's these days have been extremely diligent in getting buyer's released from contracts due to technicalities. If you are looking to get out of your contract with a full refund of your deposit, speak with an attorney who will be able guide you.

Good luck to you,
Lisa M. Brodeur
LMB Realty Corp
(954) 868-1416

Thu May 7 2009, 05:36
Angela Schrager
Agent
Fort Lauderdale, FL
FIRST ANSWER

Hi Kele: Not usually. Most contracts here in South Florida state that closing can take place on or before closing date or within a reasonable time thereafter. If the delay is due to circumstances beyond the seller's control, then it is highly unlikely you can cancel and have your deposit returned.

I don't know what your contract says - only if it says that closing MUST take place on a specific date with no exceptions, then I can't imagine that you would be let out of this. You should consult with your Realtor and/or a real estate attorney.

Hope this helps!

Angela
Villa G Realty, Inc.
Tel: 954-816-7996

Wed May 6 2009, 08:52

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