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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34092
Experience:  30 years of real estate practice experience.
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I could not pay 1\3 of money mobile home the seller

Customer Question

I could not pay 1\3 of money for a mobile home the seller has my money but says she will not return all she owes me we did not have a legag paper she is saying she can legally keep a large portion. Who is right?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Does the agreement say the deposit will be forfeited to the seller if you default?
Thank you.
Customer: replied 2 years ago.
That's just it!!! There was no agreement. I gave the money,she gave me a receipt. She kept the money and now says she is keeping a large portion
Customer: replied 2 years ago.
She is threatening to take me to court.I can't afford a lawyer
Expert:  Loren replied 2 years ago.
Thank you for the additional information.
Without a written agreement stating otherwise, she is not allowed to just keep your money. She may be entitled to damages for your breach of the sale agreement, but that is for her to prove by suing you for not closing on the sale, as promised.
If the deposit is less than $5000 then you can sue her in small claims court to get it back. Small claims court is designed to be user friendly and allow laypersons to use the courts without an attorney.
If the amount exceeds $5000 then you will need to sue in the regular courts and it is recommended you retain counsel to represent you.
I hope this is helpful.  If you have any follow up questions feel free to post them.  It is never a problem.
Thank you.
If you have no further questions,please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you.
Expert:  Loren replied 2 years ago.
Did you have further questions before you rate my service to you?