Legal Question in Real Estate Law in Virginia

Sales Contract

Im selling my home and closing on Dec 15. The buyer is renting back to me for one month. (Jan 15) Per the sales contract we are closing on 12/15 and the buyer is requesting us pay a security deposit of $2000 plus one month's rent. THIS IS NOT IN THE SALES CONTRACT. Is the legal or customary.


Asked on 12/06/06, 1:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sales Contract

If the security deposit requirement is not part of the sale contract and there is no other contract or lease arrangment governing this issue, then the buyer cannot now demand it as an enforceable term of the one month lease agreement if it is not in the sales contract. This additional term which is now being orally alleged by the buyer to be a provision in

this one month lease arrangement, is what the law would likely call parol evidence, e.g., a term

orally alleged by one of the parties to a contract but which is found nowhere within the proverbial four corners of the written document itself.

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Answered on 12/07/06, 5:24 pm


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