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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33502
Experience:  12+ yrs. of experience including real estate law.
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As a seller of my Mobile Home do I have the right to keep

Customer Question

As a seller of my Mobile Home do I have the right to keep the down payment for expense because buyer could not get approval from the Mobile Home Park and broke the Purchase Agreement.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This depends on your contract. Most sales contracts will state that the deposit is considered "liquidated damages"...this allows the seller to keep the deposit if the buyer breaches the contract.

If your contract contains this language? Then you are free to keep the deposit.

If not? Then it is more complex...you could still keep it...but if the buyer sues you, you have to prove how you were harmed by their breach...that can be tough to do (which is why most contract will have the liquidated damages clause in the contract)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 7 months ago.
It only states "Total offer and accepted purchase price shall be the amount of $5,000.00 including $500.00 as a down payment on July 23, 2016, balance of $4,500.00 to be paid in full no later than July31, 2016
Expert:  P. Simmons replied 7 months ago.

Thanks

Tell me, how were you harmed by this?

Customer: replied 7 months ago.
We will have to pay an additional months rent on the property land of $327.68 The down payment was $500.00. If we have a buyer for the following month it will be another $327.68
Customer: replied 7 months ago.
if we don't have a buyer)
Expert:  P. Simmons replied 7 months ago.

Thank you

I ask because if you want to sue you have to "prove up" how you were harmed. That is, you have to be able to prove to the court how much their breach of contract has cost you.

You have a case...but the problem is you have to prove how much they owe you. Next time consider placing a liquidated damages clause in the contract to make it easier to keep the entire deposit. Also consider negotiating with the buyer to give them a portion of their deposit back in return for settling the case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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