Legal Question in Real Estate Law in Florida
getting deposit back
I gave a man $8000.00 as a good faith deposit in June 2006 for a trailer in Key West, Fl. He never drew up a contract for me to sign, and in October 2006 I lost half of my income and was not able to stay in the trailer. I have asked him to return my deposit but he has not responed to my letter as of this date.
There were alot of things wrong with the home, that he knew about and did nothing to fix.
My question is ...Am I entitled to my deposit back since he never gave me a contract, and what do I need to do about it since I am now living in Mn.
2 Answers from Attorneys
Re: getting deposit back
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Based on the limited facts you presented, it appears that you are entitled to get your deposit back. Without a Contract, there can be no agreement to sell real property.
You should make a demand for your deposit. If he refuses or does not answer, then you will have to retain an attorney to write a demand letter. If that fails, then you might need to file a suit against the other party.
Scott R. Jay, Esq.
Re: getting deposit back
Unless there is more - eg. you moved into the trailer, made improvements to it etc., you might be entitled to the deposit as there was no written contract.