Legal Question in Real Estate Law in Florida

Re: selling a home

Without reviewing the contract, I cannot give you any serious guidance. More likely than not, the money was part of a deposit that constituted consideration for the seller to enter into the contract. If the check bounced, it would be considered a material default which might allow you to walk away from the deal. Have an attorney review the actual contract. Good luck.

Re: selling a home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication.

The answer to your question would depend on largely on what your purchase/sales agreement says. Also, if the check was bounced because of NSF or a stopped payment, then you may be entitled to 4x the amount of the check, plus reasonable attorneys fees and costs. If you would like to discuss your case more fully, you may contact my office during the week at (305) 769-3000.

Yours truly,

Randall L. Gilbert

Re: selling a home

That would depend upon the reason the check did not clear & a reading of your contract of sale.