Legal Question in Real Estate Law in New York
Real Estate purchase
A few months ago, I was involved in a real estate purchase,
However I refused to close and the seller kept my downpayment.
Reason for not closing:
1) The real estate agent represent the property taxes to be 4500, However at the closing the real property taxes were 7600.
2) I have the MLS printout, that represent the real estate taxes to be $4500 and I also have the MLS printout after the closing which was change to be 7600.00 the day after the close.
3) I also signed a Buyer's brooker agreement with the real estate agent.
So far I haven't recevied any of my downpayment monies. Any advice as to how to persue this case will be greatly appreciated.
Thank you very much.
3 Answers from Attorneys
Re: Real Estate purchase
I will have to review your Contract of Sale which would reflect your rights in this matter. Usually, a seller cannot just keep your down payment but must keep it in escrow pending a ruling by a court indicating that the seller has a right to receive it.
Feel free to contact me to discuss this matter further if you'd like.
Kind regards,
Peter Moulinos
Re: Real Estate purchase
This is a complicated issue. I am currently representing 2 "buyers" in similar situation who live in Queens.
Feel free to contact me for a free consultation by telephone. This week I am working at my office at 8458782163.
Good Luck
RRG
Re: Real Estate purchase
You Might have a claim for return of your deposit, if you can show that the Agent and Seller engaged in Fraud, Misrepresentation OR bad faith, with respect to your contract of sale for the purchase of real property, on grounds of "Equity."
However, Terms, conditions, understandings or representations made, by an agent or the seller, that are not included in the Contract of Sale, Riders, or other written Agreement, signed by all the parties, are not generally found by the Court to be grounds for terminating a real property Contract of Sale.
Additionally, If you declined to incorporate the terms or conditions of the property and sale (including the taxes); and failed to inspect or have inspected, the particular information or aspects of the property, complained about, as being fraudulently misrepresented, that was readily available upon inspection, before scheduling Closing, then you probably do not have a good case.
Good luck,