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


Asked on 3/22/09, 9:12 pm

2 Answers from Attorneys

Michael Berman Law Offices of Michael A. Berman

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

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Answered on 3/23/09, 8:06 am
Miriam Jacobson Retired from practice of law

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 3/22/09, 11:27 pm


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