Legal Question in Real Estate Law in New York

can a person take money as part of down payment of a house and they will receive the rest of the down payment at the lawyers office upon signing papers. then tell you later the same day that they spoke to their lawyer and cant get appointment till November.my response to his email was that we would wait till then no problem. Then the current owner wrote its not a good time to be moving in the winter so come collect your money back.Then he removed from listing .ut a friend emailed the same person and he was willing to sell it to her for more money and bigger deposit. Can he do that?


Asked on 9/14/09, 1:06 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Not if you both signed a contract of sale.

If you did sign a contract, you can sue for specific performance of the contract, or for breach of the contract. Your choice.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 9/19/09, 10:46 am


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