Home Selling in California>Question Details

Betty, Other/Just Looking in California

A renter signed a one year lease with us and gave us a deposit to hold the property to move in at a later

Asked by Betty, California Tue Aug 5, 2008

date. We took the home off the market and then they called 2 weeks later telling us that they no longer wanted the house and then stopped payment on the hold check. What are our rights? We missed out on 2 renters and now are in the process of moving to our new home and are having to come up with 2 mortgage payments.

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I am a Florida realtor so I am unsure of California law specifics but generally in most jurisdictions stopping payment on a check is fraud. Once again, I am not giving you legal advise but if you can find an attorney who would take this case on congingency then you may want to consider pursuing it. If an attorney won't take the case on contingency then there's probably not a reasonable chance to recover. And that's assuming you have an approved executed contract, which I sense you do not.

Hate to state the obvious but you should consider having a realtor list your property. Most realtors take only a small commission relative to the service provided and few realtors would have taken your property off the market until all funds and credit checks were in place and you had an executed contract.

Good luck to you.
0 votes Thank Flag Link Tue Aug 5, 2008
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