Legal Question in Real Estate Law in Virginia
Real Estate
I was in process of buying a townhouse, when inspected there were problems, the owners were asked to fix everything and they agreed. During walk through, we discovered everything was not fixed after being told by owners everything was fixed. I pulled out deal because items were not fixed as agreed. Owners now refuse to give back $500 EMD money giving in the beginning. Can I sue for this money because the did not do what they said they would. Also, I would like my $350 appraisal fee back because now I have to find a new property and have it appraissed with another $350 because I could not purchase the original property because the owners did not keep their part of the deal. The owners also lied saying they had contracters doing the work and they never did.
2 Answers from Attorneys
Re: Real Estate
Is Seller's agreement to make repairs in writing? Were you or Seller working with a real estate agent? If, so,you might have some leverage there. Going forward, it would be better for the real estate broker to hold the deposit--not the Seller. If Seller agreed to make repairs and failed to do so, this may be a breach of the contract and damages might include consequential or other damages--including the appraisal fee. You might want to consider consultation with an attorney before submitting any further contracts.
Re: Real Estate
Sure, you could sue this reneger for your verifiable and provable damages in small claims court for around $40 bucks or so. No lawyers allowed! Why not give it a shot?