Thank you, XXXXX XXXXX the additional information.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
With regard to enforcing a sale where the seller is in breach of contract
there is an equitable remedy called "specific performance" in which the court force the seller to follow through with the terms of the sale contract.
Unfortunately, in the facts you have presented, it does not appear that you and the seller ever reached the point where there was a legally enforceable contract which was entered into between the parties.
However, you are absolutely entitled to the return of your deposit if the sale does not go through. You may want to leave your deposit in place if you believe the negotiation will continue and there is still a chance to salvage the transaction.
Otherwise, send a demand via certified mail formthe return of the deposit.
I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.
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