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We are in the process of renting a Condominium. We have

We are in the...

We are in the process of renting a Condominium. We have already been approved, but we have not signed a rental agreement because the wording does not specify certain conditions we expect.

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

Once the application was approved, they asked for “Earnest Money” of $2,000, which equals the first month’s rent. It was a cashiers check to be kept in escrow.

Lawyer's Assistant: Where is the condominium located?

My question is if we do not proceed because of the language within the rental agreement, can we withdraw and receive our money back?

Lawyer's Assistant: You can email***@******.***. JustAnswer is backed by a 100% satisfaction guarantee. So if our Customer Care team can't address your issue, and it's been 30 days or less since you paid to ask your question, they will refund your money.

Reston VA

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

We gave it on July 2nd.

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Answered in 11 minutes by:
7/11/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,637
Experience: Attorney
Verified

Thanks for posting your contractual law question and posting your question to justanswer this evening.

I'm attorney Bill assisting you with your legal question.

If you already signed an escrow agreement then the terms of the agreement dictate the return of your deposit/ 'earnest money' .

If the second agreement substantially differs from what you originally agreed before giving the earnest money you would have grounds for demanding your deposit back.

You would be entitled under the theory of misrepresentation of contract if the agreement that they wish you to sign now is at odds with your original understanding.

If they aren't willing to return this to you , you could sue in the small claims court for its return.

The review of the original agreement is possible as an extra service if you have a copy.

Please follow up with me as required.

In return by taking the time to rate positively today I get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 11 days ago
We only signed an application. The funds were given prior to us seeing the rental agreement. The receipt we were provided states the funds would be placed in an escrow account.

The receipt and application will be the contract then. If you have a copy of these just let me know.

Otherwise, you can demand your deposit back and being returnable upon your non-continuance with the application or for reason of you and the landlord not being able to sign a full agreement.

In return by taking the time to rate positively today I get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 11 days ago
In conclusion, we are not obligated to continue the process since we never signed the rental agreement. We can just request our money back, correct?

A contract to be binding needs to be made with complete meeting of the minds and be unambiguous; it appears that you have yet to agree a full lease so the deposit should be returnable .

I could offer more information from reviewing the receipt.

Just a reminder,

by taking the time to rate positively today I get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 11 days ago
Copy of receipt

Thanks for submission of the receipt, I made an offer to review this as each document review is an extra service.

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,637
Experience: Attorney
Verified
Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 11 days ago
I would like to receive your response, but will not allow me to click the $29 fee. Can you resend

Yes, I sent it again.

Customer services will help you if there is any difficulty:

http://ww2.justanswer.com/customer-support

Attorney Bill

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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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