Legal Question in Real Estate Law in California
Real Estate Deposit
I put 10% down to buy a condo in San Diego. The highrise is due to be comleted in 2009. Can I get my deposit back?
3 Answers from Attorneys
Re: Real Estate Deposit
Look at your contract, which should describe the deposit return policy in detail.
Re: Real Estate Deposit
This is indeed a matter of contract, but in many instances there is a statutory cap on what amounts to a penalty for breaching a contract, or some other specific provision of law.
In your case, California Civil Code section 1675(f) contains some very specific provisions that seem to apply to your specific situation, and they do seem to offer you some hope of at least a substantial if not complete refund.
I have not memorized the link to look up California statutes (I should), but you can probably find this Code provision on line without too much difficulty.
1675 is a lengthy statute in all, and subpart (f), dealing with newly-built condo deposit refunds upon a buyer's default, is several paragraphs long (so I can't quote it here), but if you fall within its provisions, and I think you do, you'll find it worth studying.
Re: Real Estate Deposit
You are asking a question of California law, so you are best advised to consult with a California attorney. In general, agreements for the purchase and sale of real estate are typically determined with respect to where the real estate is located. Different states have different requirements, so a scenario in Massachusetts might turn out differently than the same scenario in California.