Legal Question in Real Estate Law in California
my friend tried to sell her house in a mobile home park but the sell fell through because the park denied the buyer because she had too many pets. Cant my friend recoup her 5000$ because the buyer had to back out?
2 Answers from Attorneys
If you mean recoup from the buyer, it would depend on what the contract for sale said. If contract was dependant on park approval, then can not recoup.
Your question doesn't explain what the $5,000 was for.....probably the buyer made an earnest-money deposit into escrow, and the question is then, once the deal craters, who is entitled to the $5,000? That would depend upon the language of the sale contract, but more often than not the contract will require the buyer to meet park rules and qualify; failure to qualify after making a reasonable effort would allow the buyer to recoup the deposit money, not the seller.
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