Legal Question in Real Estate Law in California
property sale gone sour
If a buyer surrenders a post dated non-refundable earnest deposit check for the purchase of property and then decides the deal is not what he thought or what was suppose to be can he legally stop payment on the check? This stop payment also came after the date the property was suppose to close and after he had recieved the keys to the property
2 Answers from Attorneys
Re: property sale gone sour
No he may not, though there is a question if his concerns were based on fraud. You can force the sale.
Re: property sale gone sour
From your question, I don't think he can stop payment and you have a right to bring an action against him for the deposit and maybe for any other damages you incurred. Naturally, I would have to review the documents to substantiate your claim. Please call me if you have any questions or need any additional information. We handle cases throughout California. You may have a mediation or arbitration clause in your contract.
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