Legal Question in Real Estate Law in Pennsylvania

Return of deposit

I placed a deposit on a property, contigent on inspection. The house failed miserably the seller want to repair nothing. We signed a buyer's release. He signed as the seller but wrote in in own hand writing that he wanted us to be liable for any damages done to the roof due to inspectors walking on it. The roof was in need of complete repair. The realtor stated that even though he signed the release they could not release the deposit because he wrote on it. I explained that the agreement of sale specifies I have the right to have the home inspected and as a buyer I have no liability, also just because he wrote a notation on that release form it made no difference he sugned it long after I did and he colud have that I would have to vote for Mickey Mouse in the primary. He has no leagl right as far as I know to alter a release form. They still are holding my monies in escrow and sent the buyer another release to sign. This is now going on 4 months. I know that he has taken the home off the market. What recourse do I have? Can he leaglly sell the home?


Asked on 10/04/06, 2:02 am

2 Answers from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Return of deposit

You can threaten to file a lawsuit or actually file one. Suggest you consult an attorney and have the attorney initially write a letter. That is the least expensive way to proceed. Your agreement of sale must be reviewed. A law suit may be your only alternative. You must file a lis pendens to prevent a sale of the property. It is a notice that you have a claim to the real estate and file with the court clerk in the county where the property is located.

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Answered on 10/04/06, 9:05 am
Scott Diamond DIAMONDLAWYER

Re: Return of deposit

if you cannot get a release of the funds from the seller, you will need to file a lawsuit. You may be able to go to small claims court, if the amount is within the jurisdiction of the small claims court. You can check on line for the requrements. Otherwise, you should probably hire an attorney and sue the seller and the escrow agent

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Answered on 10/04/06, 9:14 am


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