Legal Question in Real Estate Law in California

Re: How can I get my deposit back?

Why did your escrow "fall"? Sounds like maybe your buyer breached his or her contract. You also breached your contract with the apartment landlord.

The usual damages for breach of a contract to buy residential property is forfeiture of the deposit, up to a maximum of 3% of the contract price, since this is often written into the agreement as liquidated damages. This does not preclude the possibility of other damages. If you lost the sale due to breach of your contract, see a lawyer, read your contract, and/or ask your real estate agent for an opinion.

Damages for breaching a lease or rental agreement depend upon the term of the rental and the actual harm sustained by the landlord, after making bona fide efforts to mitigate damages by trying to re-rent the space to another tenant.

I suggest you look up and read Civil Code section 1950.5 regarding security and other deposits (it's rather long, but worth reading) and section 1951.2 regarding early termination of leases and the landlord's remedies.

Re: How can I get my deposit back?

Mr. Whipple has covered this more than adequately.

You don't get your deposit back, unless you are lucky enough that the landlord instantly re-rents the apartment.

You signed a contract, and the law presumes that you have read what you signed (very few people do, but judges assume you did, and so does the law).

Basically, your hope is not for the return of the $700, but that you don't get hit with additional damages.