Legal Question in Real Estate Law in Florida

real estate purchase agreement

my parents are senior citizens and contacted a fsbo to puchase a property. they gave the lady $1,000.00 cash binder on a property the lady gave them a hand written receipt showing $1,000.00 minus the purchase price, they gave cash and the receipt was dated with a small desciption of the property and the address. the lady told them if they changed their mind the deposit was completely refundable. the same day they went to the bank and were turned down for a loan. the next day they went back to try to get their deposit back, and again two days later, the seller refuses a refund.


Asked on 12/31/00, 8:34 pm

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: real estate purchase agreement

If your parents signed a contract for purchase of the property, the contract may say that the deposit is nonrefundable if they fail to close the sale. If they did not sign a contract they may be entitled to their money back. Depending where they live the consumer affairs division of the county may help them get the money back, or the state's attorney should be contacted. If those agencies can't help they will need to sue the seller in small claims court.

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Answered on 1/04/01, 9:07 am


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