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Scotty,. Recently my wife and I went to look for a new home…

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Hello Scotty, My name...

Hello Scotty, My name is***** Recently my wife and I went to look for a new home and settled on a property in Lakeland, Florida developed by a builder called LGI homes. I was told to deposit an earnest money sum in order to bind or keep a piece of property available. I deposited $1,000 dollars with the builder. I had made it clear to the builder that I would use my personal mortgage company since I am a 100% disable veteran and would be using the VA System to purchase the home. I was led to believe that the forms that were being presented to me were to bind the earnest money. However, when I found out that this was indeed a permission to use the company lender and that I would need to meet with them in 4 to 5 days. In the mean time I was sent a contract from a lender of their choice and that I was to meet with them. They also ran a copy of my personal credit without me knowing it. When I found out about it, I repeated that I had told them that I wanted to use my personal mortgage company and refused to go through with the contract. I asked for my money back and was refused it due to my reluctance to deal with them anymore because of no trust. I was told that the contract is ironclad and I would forfit my money. Is there anything that I can do to retrieve my money?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Not yet, only telephonically requested refunding my money from the General manager who refused.

Lawyer's Assistant: Where is the home located?

Lakeland, Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have had my broker call the company for me and he was told that the company was the one which is closing out my case. He spoke with the General Manager.

Submitted: 7 months ago.Category: FL Real Estate
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Answered in 5 days by:
12/28/2017
Lawyer: Lori, Lawyer replied 6 months ago
Lori
Lori, Lawyer
Category: FL Real Estate
Satisfied Customers: 2,107
Experience: FL real estate attorney with over 25 years experience
Verified

Hello. I will try to assist you. 2 things you should do: 1) immediately write a letter to the developer (with copy of the letter to the general manager) explaining the facts of your situation, the acknowledgment by the developer that you were going to use your own personal lender and the misrepresentation that your credit was not going to be pulled. Demand the return of your deposit within 7 days or you will be forced to take legal action against them for fraud, misrepresentation and unfair trade practices AND 2) review your contract to see what your rights are in canceling the contract. If not favorable, I recommend suit to rescind the contract for fraud.

Hope that helps. If satisfactory, a positive rating would be appreciated.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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