Legal Question in Real Estate Law in Virginia

We signed an "unofficial contract" (from the seller) to purchase a house with owner financing in Virginia. There was a clause stating that we would pay attorney costs for preparing the contract. When we received the official contract, it was nothing like what was discussed, and even conflicted with the unofficial contract in places. We brought it to a real estate attorney who said it was essentially a rental agreement, not a sales contract, and it gave us fewer rights than a renter would have. We notified the seller that we would not be signing it, and would not be "buying" the house. The seller still wants us to pay for the attorney fees, plus one month's mortgage on the house, since he considered it off the market, even though it was still listed online. in addition, the seller's attorney hasn't returned our $10,000 down payment. Are we liable for any fees? Should we receive our entire down payment back?


Asked on 7/10/14, 8:16 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

So, refuse to pay this would be seller what he's

requesting and send written notice to that effect with

your demand that he return all of your down

payment since there apparently was no valid/enforceable contract

for the purchase of this property as required by the Virginia

Statute of Frauds (See Va. Code Sec. 11-1) and therefore

you could not possibly agree to go forward with

this transaction as it had been (mis)represented to you.

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Answered on 7/10/14, 10:09 am


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