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Law Pro
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Category: Consumer Protection Law
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Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I put a non-refundable $9,500 down payment on a manufactured

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I put a non-refundable $9,500 down payment on a manufactured home at the end of August 2013. I was laid off from my job on September 25, 2013 1 day before the contracts were supposed to be signed and the bank refused to finance me. Is there any way that I can get my down payment back?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 10 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

What exactly does the contract say - can you post the language thereof here?
Customer: replied 10 months ago.

1. If Not a Cash Transaction. If I do not complete this purchase as a cash transaction, either on or before the time of delivery of the unit purchased, I will enter into a retail installment contract and sign a security agreement or other agreement as may be required to finance my purchase.


 


.....


6. Failure to Complete Purchase. If I fail or refuse to complete this purchase within thirty (30) day of the date of this contract or within an agreed upon extension of time, for any reason (other than cancellation because of an increase in price), you may keep that portion of my cash deposit which will reimburse you for expenses and other losses including attorney fees and court costs incurred, because I failed to complete this purchase. If my deposit is insufficient to reimburse you all expenses you have incurred, are legally obligated to incur, or incur in an effort to mitigate your loss, then I agree that I owe you all such sums because I failed to complete this purchase. You shall have all the rights of a seller upon breach of contract permitted under any provision of Louisiana, Arkansas, or Texas law and in the event that you file a legal action against me to recover any such sums, then I shall also owe you legal interest on the amount I owe you under this contract, and you shall also be entitled to recover your reasonable attorney fees and court costs. In the event I have granted you a mortgage, deed of trust, or other security agreement against any land and other property I may own, such mortgage, deed of trust, or other security agreement shall secure all sums owed by me to you as set forth in this paragraph or as set forth elsewhere in this contract.

Expert:  Law Pro replied 10 months ago.
Let me read that and I'll be back with you.
Expert:  Law Pro replied 10 months ago.
They were suppose to finance you?

Is there any more clauses about the financing?
Customer: replied 10 months ago.

Yes, it was understood that they were responsible for obtaining the financing/ finding the lender for me.


 


That is the only clause in the entire contract about financing.

Expert:  Law Pro replied 10 months ago.
Then that was a "contingency" and since they couldn't obtain financing for you - you should get the deposit monies back.

The agreement didn't say irregardless of your being able to obtain financing - the agreement stated that they would get you financing.

I would point out to them if they don't refund your deposit then they must get you financing to purchase the manufactured home.

The language of the contract is clear and you are not defaulting - they would be defaulting and be in breach of contract.

If they don't refund your deposit - then seek a local attorney asap to file suit in small claims court for your deposit back.


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Law Pro, Lawyer
Satisfied Customers: 23751
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
Law Pro and 4 other Consumer Protection Law Specialists are ready to help you

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