Legal Question in Family Law in Maryland

I put a down payment of $15,000.00 on the house and I want to know if there is any way to get that back since she is going to stay at the house


Asked on 1/14/16, 6:03 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

I assume the $15000 was an earnest money deposit that you supplied with a purchase offer/contract. I also assume the seller signed the contract, and that there were no provisions in the contract allowing the seller to cancel the contract. If these assumptions are correct, you have a legal right to enforce the contract. To do so, you would have to file a lawsuit known as an action for specific performance, in which you would ask a court to order the seller to proceed to a settlement and sign a deed conveying the property. If you would rather walk away, of course you would be entitled to a return of your deposit.

If on the other hand it was your decision not to go through with the purchase, and there was no legal basis in the contract allowing you to do this, such as an inspection clause or a financing contingency whose provisions you fully complied with, you do stand to lose your deposit. The contract should contain specific provisions that spell out the responsibilities of the parties to comply with its terms, and the penalties if they don't.

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Answered on 1/14/16, 7:29 am


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