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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I agreed to buy a property with a us ageny ,the agrement

Customer Question

Hi i agreed to buy a property with a us ageny ,the agrement was based on a rifi finance deal where my other property in the US where going to be used as security and also a interest rate was qouted to me .The deal did not go ahead because they could not
provide the finance for the deal and they missed quoted the price but still charged my credit card $4200 for a buyers fee,i want my money back ?can i get it back , I have a copy of an agreement they made me sign but no contract sent to me .Was told over the
phone the buyers fee would be refundable and have been battling the staff ever since.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
You can sue them in small claims court for breach of contract. (See: http://www.courts.ca.gov/selfhelp-smallclaims.htm Unfortunately, if you are overseas, this may make this slightly more difficult than if you were in California. You can also consider hiring a California attorney to write a demand letter on your behalf (the greater the risk of litigation, the more likely they are to settle with you - so while you may not intend to actually hire the lawyer to file suit, you can hire them to draft a demand letter to try to get them to pay short of litigation).
You can also try mediation via teleconference. Sometimes hiring a 3rd party mediator to try to settle a dispute that has reached an impasse is a good way to help avoid litigation and conserve resources, particularly for low dollar figure cases such as this. You can contact the county bar association where the defendants are located and ask for referrals to mediators, and they can assist you in setting up a short (1/2 day) session via teleconference.