Legal Question in Real Estate Law in California

Buyer cancels mobile home deal

Question regarding mobile home sale, no escrow. Conducted verbally, no contract. I was not planning to sell my mobile home till next April when I marry, but someone approached me interested in purchasing now and agreed to my asking price of $25,000 cash. The person secured financing, was accepted as a tennant in this mobile home park, and insisted she move in 10/1/03, even though that was sooner than I wanted. I agreed. She paid $1000 deposit. Then on 9/10 she had her mother call and say she was cancelling citing health and personal reasons. She insists she should get the deposit back. I refused. I went to a lot of trouble to accommodate her urgent need to get moved in quickly and did nothing to bring about her cancellation. Am I in the right?


Asked on 9/28/03, 3:56 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Buyer cancels mobile home deal

Since there is no written contract, the courts could look at the process to determine if there is a viable contract. Generally, you only "keep the deposit" if there is a liquidated damages clause in a contract.

In the absence of that, you would need to prove damages, which could be less or more than the $1000 deposited.

Read more
Answered on 10/03/03, 5:49 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California