Legal Question in Real Estate Law in Florida
I am having an issue getting my security deposit back from a local broker for a home I was going to lease. I gave him $3400 and he claims due to him removing the home from the mls during negotiations he can keep my lease deposit.
In the lease application there was a clause that allowed him to keep the deposit given to him with the application (holding deposit), however, I never gave a holding deposit. I only gave a security deposit and pet fee with the draft lease ( which he cashed).
We never came to terms on the lease and I asked for my deposit back. He refused to return based on the above reason.
2 Answers from Attorneys
Your written agreement controls. Have it reviewed by an attorney. Your summary is inadequate and incomplete. I understand you never had a lease agreement, but you did have an application and that document controls.
If you have a valid claim you can sue in small claims court. Have an attorney review your papers. Good luck.
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