Legal Question in Real Estate Law in New York

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I closed last month on my home in Long Island NY. When I presented my purchase offer the realtor wrote and stipulated on the contract that I would put 10k oncontract to be returned at closing so i put 10k down. He said this would make a stronger offer. At closing i DID NOT get my down payment back. When i asked my attorney about it he said it went to pay taxes. My broker said it was used for the realtor's commission. All along neither my broker or attorney NEVER told me that i wasn't getting my down payment back. Is there any recourse to have it returned?


Asked on 1/25/17, 1:21 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Your downpayment was included in all of the money which was paid over to the seller or for expenses of closing which you were responsible for. Your $10,000 was to be returned if the property did not close; you are misreading or misinterpreting what the broker wrote. The HUD closing statement will show where all of the money went. Anything is possible, however it's very unlikely your lawyer cheated you or allowed you to be cheated.

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Answered on 2/15/17, 8:12 am


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