Legal Question in Real Estate Law in California
Asking for our daughter - they found a home to purchase (California), made offer, was accepted, got inspection & appraisal, all came back good, paid a deposit. Then, seller wanted to "speed up escrow" which our daughter was doing the best they could. Ended up, seller decided they did not want to go .forward. Our daughter's agent cancelled the deal - but the seller would cancel! The same day they listed the house again and have had 2 open houses! They will not return the deposit to our daughter and son-in-law. What can they do? Unfortunately, this is their first home purchase together.
2 Answers from Attorneys
Unfortunately, your question seems to be saying two different things: the seller decided not to go forward, and your daughter (through her agent) cancelled the deal. It is possible your daughter is entitled to the return of the deposit (plus possible attorney fees) or that her agent made a mistake and is responsible. The exact sequence of events and what documents are involved are crucial to an understanding of the legal consequences in these situations. Since you are relaying these facts second hand (or third hand), the best plan for your daughter is for her to have a brief consult and document review with a real estate attorney.
I agree entirely with Mr. Dorfman. I can't tell what actually happened from the way you described it, and in any case a review of the relevant documents would be needed to give any reliable answer. Please have your daughter contact a local real estate attorney. If she is in the San Francisco Bay Area, I would be happy to help.
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Can a seller keep your deposit at the end of escrow Asked 9/08/16, 4:20 pm in United States California Real Estate and Real Property