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Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2353
Experience:  Helping you with your legal questions.
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I have a ratified contract. Settlement was to being planned

Customer Question

I have a ratified contract. Settlement was to being planned for October 10, 2016. The owner was incarcerated on October 20, 2016 and my. Agent informed me yesterday that he has been sent for treatment to an out of state facility. I paid $300 for a home inspection, $475 for an appraisal and it is possible that the realtor will keep $325 of my Ernest money deposit for an administration fee. What are. My rights here. The only person that has lost appears to be me. I want to know if there is any way I can hold the owner responsible for expenses that I incurredOr what can I do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Virginia Beach VA
JA: Has any paperwork been filed?
Customer: Do you mean paperwork for the owner or for the sale?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been told that that there is n way the sale will go through. I accept that, I need to recoup my money if possible. If necessary there is a news article that can be found on the internet "Virginia Beach man kills mother"
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Should I select an attorney now?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 1 month ago.

You would have a claim for damages agains the owner for either breach of contract, or for equitable claims wherein you suffered damages, including money you spent for the inspection, appraisal and earnest money (although the earnest money should be returned). We can continue to discuss if you want to do so.

Customer: replied 1 month ago.
Would I need to have a lawyer file to for equitable claim. I understand that the Ernest money is being retuned by the realtor. I did Not request it but it was determined that the owner could not proceed with the sale. There is a $325 administration fee assessed that I would claim
Expert:  Damien Bosco replied 1 month ago.

I think it is more a breach of contract action that would be in small claims court. You would not need an attorney for it. The question is, how would serve the papers. If someone is out of state, it may be difficult. We can continue to discuss if you want to do so.