Legal Question in Real Estate Law in Texas

Refund of downpayment

I decided to purchase a home from an individual. I gave him a downpayment. We have not signed any contracts of legal documents. Due to circumstances beyond my control, I'm no longer able to purchase the house. The owner is refusing to give my money back. Does he have the legal right to do that. This was only done verbally.


Asked on 9/29/00, 4:08 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Refund of downpayment

Contracts affecting an interest in real property must by law be in writing. A verbal contract is void and unenforceable. You are entitled to the return of your deposit.

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Answered on 10/31/00, 9:28 am


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