Anyone know a good real estate lawyer?

[Rot 911]

Actually what you need is a good lawyer that can read contracts. A familiarity with real estate contracts is helpful. Keep in mind that while you may have a good case, no case is "rock solid." The first thing you want to do is determine if the amount of the deposit is more than what it may cost you in court to fight to keep it. If no CA attorneys contact you, send me a PM.

[304065]

How about the guy you used to draft the contract?

[JavaBrewer]

FWIW, other than one really ugly case I've never heard of a seller keeping a buyers good faith deposit if the sale fell through. In our sales we never even cashed the check. So unless the buyers are ducking for truely bogus reasons (found a better place) vs. could not sell their home or lost job, I would have no problems giving their deposit back.

[Hugh R]

Originally posted by dmoolenaar
FWIW, other than one really ugly case I've never heard of a seller keeping a buyers good faith deposit if the sale fell through.

Isn't that why they call it a "Deposit" I've heard of several were the seller kept the money. He'd probably have to sue in small claims court. I'm not an attorney, so I haven't got a clue, come to think of it, I'm not even sure why I'm posting this since I have nothing to add.

[techweenie]

This is not uncommon. it's called 'liquidated damages' and you, Wayne, are owed money for the time you took your home off the market. Your broker might have a claim on part of the money, too.

[Burnin' oil]

Originally posted by Hugh R
Isn't that why they call it a "Deposit" I've heard of several were the seller kept the money. He'd probably have to sue in small claims court. I'm not an attorney, so I haven't got a clue, come to think of it, I'm not even sure why I'm posting this since I have nothing to add.

Hugh, your post made me laugh.

[mikester]

If you have a licensed realtor selling your house they have attorney access through their realtor association. At least ours did when we sold our condo as we had a few questions.

[TimT]

How about the guy you used to draft the contract?

ya..you did have someone represent you ?

someone that eyeballed the contract.. etc...

The money was probably deposited in escrow, and will probably stay there until the appropriate decider (arbitration/mediation/court) decides you gets what. If you were represented by a realtor, their broker should be able to inform you as the most likely scenario. If they have been a broker for any time at all your situation isn't the first time it happened. The real estate offer to purchase agreement usually states if it is non-refundable and on what circumstances how to parcel it out. I experienced the same situation only back when the market sucked and buyers were far and few between. I din't get a dime. The buyer got a nickel and the realtor & attorneys' (ies) got the rest.

Wayne, you experienced the benefits a good realtor. Excellent conclusion.