California  |  Real Estate Law

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11/02/11, 11:59 am

Legal Question


I made an offer on a short sale. It was a HAFA sale and seller was supposed to get 35K from Chase, the primary lender. Also they would get 3K as per HAFA guidelines.

After going through the inspection reports, I chose to cancel the deal for variety of reason. No contingency was ever released. My contract clearly says "Even after the end of the time specified in 14B(1) and before seller cancels the contract, buyer retains the right to either remove the contingencies in writing or cancel this agreement based on remaining contingencies.." We informed the seller agent well in time about our decision to cancel.

Problem is seller is not willing to sign the cancellation form and hence my deposit would not be released from the escrow. They are upset about not getting that cash from chase which they would have got had I closed the deal.

My question is:

1. How can I get my deposit back?

2. Do they have a valid reason to hold my deposit?

3. Can they sue me for that 35K which they would have got from chase from this deal?

As per contract mediation and arbitration are our options in case of a dispute.

regards

RB


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