Legal Question in Real Estate Law in Nevada

I signed an application and was advised to send in a security deposit and application fee. When I called and said I would not be able to take the aparment they said that they were going to keep the security deposit because of what I signed on the application. On the money order that I sent I wrote Security Deposit on the memo line so doesn't that mean its supposed to be a security deposit and not a holding deposit they are trying to call it now?

Asked on 9/03/16, 7:30 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

The answer depends, primarily, on the terms of the contract or application that you signed. You cannot unilaterally modify a signed agreement by making a note on your money order. If that were the case, one could just write "full and final payment" at the bottom of every check one wrote for every debt and make them go away. In addition, calling it one thing does not make it that thing, instead of what it was called in the application.

To give you an answer as to the effect of withdrawing your application, one would have to review the application and see what terms you agreed to regarding cancellation.

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Answered on 9/08/16, 12:59 pm

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