Legal Question in Real Estate Law in Florida

I am having an issue getting my security deposit back from a local broker for a home I was going to lease. I gave him $3400 and he claims due to him removing the home from the mls during negotiations he can keep my lease deposit.

In the lease application there was a clause that allowed him to keep the deposit given to him with the application (holding deposit), however, I never gave a holding deposit. I only gave a security deposit and pet fee with the draft lease ( which he cashed).

We never came to terms on the lease and I asked for my deposit back. He refused to return based on the above reason.


Asked on 8/19/14, 11:55 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your written agreement controls. Have it reviewed by an attorney. Your summary is inadequate and incomplete. I understand you never had a lease agreement, but you did have an application and that document controls.

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Answered on 8/19/14, 12:06 pm
David Slater David P. Slater, Esq.

If you have a valid claim you can sue in small claims court. Have an attorney review your papers. Good luck.

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Answered on 8/20/14, 4:43 pm


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