Legal Question in Real Estate Law in Pennsylvania
Realtor Won't Return Deposit
Hello,
My folks had purchased a new home in a retirement community pending a mortgage. They had given a deposit and signed an agreement that specifies that if they were not able to close on a mortgage, or were denied, they were entitled to a return of their deposit. They are now being given the run around and have yet to receive their deposit back. I noticed on the document that there is no statute limiting the amount of time it would take to receive the deposit, but regardless what should be done here?
Thank you!
-Mel
2 Answers from Attorneys
Re: Realtor Won't Return Deposit
No problem. I'll write the request and follow up at a reasonable fee. I'll need the contract to proceed.
Mike
Re: Realtor Won't Return Deposit
Check the Agreement of Sale. Usually, mortgage contingencies have a deadline by which the mortgage company has to issue a "commitment" [to lend], and if the commitment is not received by that date, the buyer has to notify the seller that the buyer is canceling because of that. Failure to give that notice could result in losing the right to the refund.
Carefully read the Agreement, and also read it for "default" - if the default by buyer is not limited to loss of the deposit, your folks may have additional liability.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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