Legal Question in Real Estate Law in New Jersey
home deposit
i left a 5000 deposit to with the realtor to purchase a home. The mortgage broker after several months could not give me a straight answer as to closing. Turns out that during this process i went into debt management to consolidate my bills, little did i know that this would affect my credit. Anyway, the broker promised me my interest rate would be in the low 6s finally he came back to me with 9 1/2 percent so i had to back out because he said that was the best he could do. Now i want my deposit back and the sellers attorney refuses to sign off and give it back. What should i do?? My attorney is not making any effort to get it back either are there any legal things i can do on my own without paying to get another lawyer involved??
1 Answer from Attorneys
Re: home deposit
Your rights to have your deposit refunded depend on the provisions in your contract to buy the property, especially in the financing or mortgage contingency section. If you have missed deadlines, you may have lost some rights. If the mortgage contingency did not have a limit on interest rates that you would accept, you may still be obligated to go forward with the purchase.
However, it seems odd that a contract to purchase a home would still be in effect for "several months", without the seller having cancelled the agreement if it had the right to do so, or declared a default on your part.
You really do need to consult with an attorney to interpret your rights under the contract and to advise you what your options are now. If you engaged a lawyer to represent you in this purchase, hopefully it was a lawyer with experience in real estate matters. If the lawyer is refusing to respond to you, you may want to call the county bar association and ask how you can get help when your lawyer is not assisting you. That county bar association may also be able to give you the names of other lawyers who could assist you.
I'm not sure where exactly your zip code places you. My NJ office is at 900 Haddon Avenue, Suite 412, Collingswood NJ 08108. I could schedule an appointment for a 1/2 to 1 hour consultation for a reasonable fee to review your contract and your mortgage commitment.