Legal Question in Real Estate Law in California
We put our condo up for sale, actually the condo was in her father's name. We had a buyer who offered a cash offer at full price. She however wanted us out in 15 days, we complied to her demands. Our agent stopped taking offers, we put an offer on another house that we were going to buy, with cash that she gave for a down payment. We had to get out of condo in 15 days, we had to foster our dogs, pay for storage, pay the people we were staying with, pay homeowner's association fees to put her name on condo. We have depleted all of our savings. She then put funds in at title company with a 5000.00 down deposit. She was supposed to sign over the money to title company on Thursday( last week), then she came and did a final walk through, and stated she wanted a leaky showerhead replaced, a drawer in kitchen replaced and 2 screen doors taken care or she wanted 500.00 credit. We fixed drawer and replaced showerhead and was willing to give her 250.00 credit she then told her realtor she was cancelling contract today. We uprooted our whole life because of this nightmare buyer who is a chiropractor in Stockton, CA. This whole process took around a month. We are out of pocket over 4000. Should we be allowed to keep her deposit? As we complied to her demands up until the end.
1 Answer from Attorneys
It is impossible to answer your question without reviewing the transaction documentation, starting with what contingencies were in the original purchase and sale agreement and then what contingency releases were given. If she had an inspection contingency that had not been released, she has a right to walk away if after inspection she does not approve of the condition of the property. You need to start with your listing agent and then maybe talk to a lawyer in person.
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