|
|
|||||||
| Buying & Selling Property Buying and selling real estate property. |
 |
|
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
Jun 26th, 2008, 08:49 PM
|
#1 |
|
Junior Member
Last Online:
Jun 30th, 2008 01:13 PM Join Date: Jun 2008
Posts: 2
|
Seller Refusing to return downpayment after contract is in breach
We were purchasing a house and the sellers failed to disclose a contaminated
oil tank on the premises. It was discovered during attorney review by our lawyer. We told them if they could clean it up before the closing date we\'d still buy it. We sent a \"time of essence\" letter as well. They never cleaned it up so we pulled out of the deal after the deadline passed. We feel they are in breach of contract. Their lawyer refuses to return our deposit money unless we sign a paper saying we will not sue for damages incurred. We have since found another house and need that money to buy it. Can they do this? What recourse do we have? Isn't this extortion? Is my only recourse having to pay a lawyer to take them to court? Can I put something to the bar for ethics on this? |
|
|
| Sponsored Links |
|
|
Jun 26th, 2008, 09:02 PM
|
#2 |
|
Top Level Member
Last Online:
Oct 9th, 2008 09:07 AM Join Date: Jun 2008
Posts: 254
|
Re: Seller Refusing to return downpayment after contract is in breach
The lawter is trying to dodge a DTPA suit which is 10 fold damages + punative. Barr ass. wont do anything but the lawyer will bail
|
|
|
|
|
Jun 30th, 2008, 01:13 PM
|
#3 |
|
Junior Member
Last Online:
Jun 30th, 2008 01:13 PM Join Date: Jun 2008
Posts: 2
|
Re: Seller Refusing to return downpayment after contract is in breach
what do you mean "10 fold damages + punative". I'm not very good at legalese.
|
|
|
|
|
Jul 2nd, 2008, 03:12 PM
|
#4 |
|
Top Level Member
Last Online:
Nov 16th, 2008 01:08 PM Join Date: Feb 2007
Posts: 723
|
Re: Seller Refusing to return downpayment after contract is in breach
You can sue them in small claims or other court for the deposit.
You don't have to sign any release that you are not comfortable with. |
|
|
|
|
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Breach of Contract | MCB | Business Contracts & Partnerships | 3 | Mar 9th, 2008 08:13 PM |
| Employment contract language/Contract breach | rfycom | Business Contracts & Partnerships | 1 | Jan 8th, 2008 01:35 PM |
| Breach of Contract? | Unregistered | Consumer Complaints | 1 | Aug 7th, 2007 08:07 PM |
| Breach of contract? | Unregistered | Business Contracts & Partnerships | 2 | Nov 26th, 2006 10:02 AM |
| contract breach? | Unregistered | Other Business & Finance Law Issues | 1 | Oct 31st, 2006 03:55 AM |
Linear Mode
