Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 11 years ago on . Most recent reply

User Stats

50
Posts
0
Votes
Manuel Sarabia
  • California
0
Votes |
50
Posts

Not seeking legal advice. Kept the buyers deposit. Your thoughts?

Manuel Sarabia
  • California
Posted

I was the seller in the transaction. No brokers involved. We used the California state purchase contract used by Realtors for the executed offer. Anyways, 45 day escrow period with the 17 day contingency to get loan approval. The transaction lasted for 110 days before I decided to pull the plug. Some time around day 60 the buyer had to leave the country for several months and left his brother with power of attorney for this property. Basically my contact was with the brother at this point, not the actual buyer.  because communication was difficult through phone or email with the original buyer. I decided the buyer could not close and it was time to cancel, and with me keeping the deposit. The brother agreed and signed the cancellation provided by escrow with the deposit released to the seller. ALl of a sudden I get an email from the buyer that he did not want to forfeit his deposit and that I used my brother. I explained to him that we were out of contract and that his brother agreed to cancel and release the deposit to me. Am I in any way wrong?

I'm about a week away from closing with the new buyer. Does the first buyer have a certain amount of time that he can take me to court for the deposit?($1000)

Loading replies...