Legal Question in Real Estate Law in Florida
non refundable deposit
I recently put up our mobile home for sale in florida. someone called us and said they were very interested and asked if they could send us a deposit to hold the house for one week - until they could get a flight to fly and see it. we said o.k. then they called back and said they needed us to hold it for two weeks for them to get there - we advised them also that the price was firm and they never quibbled - they sent us a 500 deposit in a check and we told them on the phone it was non-refundable. when they got to the home after we held it for 2 weeks for them - they did not give us an offer or say they wanted the home - only said it was not worth what we were asking and wanted their money back. we said no - and that we held this property up for two weeks for them and told them it was non-refundable. they now sent us a certified letter stating we had 15 days to return the ''good faith'' deposit to them - as they gave us an offer that we would not consider - and they have spoken to a lawyer and were told that it was illegal for us to keep and cash their money - please advise
1 Answer from Attorneys
Re: non refundable deposit
Generally, a deposit is returned if no deal occurs.