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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I do NOT

Customer Question


I do NOT want Expert Maverick to answer this question.

Hi, Last year I attempted to purchase a property in Jupiter, Florida. I put down a refundable deposit of $5,000 with my real estate agent. The sale did not complete - I asked for an extension which was submitted by my agent to the seller on the 15th of Dec 2014, prior to the end dates, the seller did not respond, and AFTER the supposed closing/completion of 17th Dec 2014, came back with a different extension contract on the 22nd Dec 2014 which stipulated that they would grant an extension to the middle of Jan 2015 but if I didn't complete, I would lose my deposit. I rejected this completely and refused to sign it. The very next day, i.e 23rd December 2014, I was notified that the property was relisted with a BACK UP contract request - I believe that this was how the seller found another buyer.  The sale did not proceed and the seller refused to sign the agreement to release my deposit back to me.

For some strange reason my realtor sided with the seller, and they submitted an application to the court who said the following:

"Attached is the order of the Florida Real Estate Commissions review of the facts of your escrow dispute. In summary, due to questions of "material fact", the commission declines to direct disbursement and is ordering that the dispute by interpleader or other judicial proceedings, seek adjudication by a court or written consent of all parties, submit the matter to arbitration. In order to settle this matter, one of you will need to contact the clerk of courts or an arbitrator and the other party will have to be sued in court or agree to binding arbitration..."

I am in England recovering from the first of 3 surgeries which I need for tumours which need to be removed. I cannot afford to hire a lawyer as I have been quoted $400 per hour for their services and within a very short space of time my $5,000 security deposit would be eaten up. I am looking for a lawyer to assist me to get my deposit back on a fixed total fee basis. Can someone please help me please?

Further I feel that all that is really needed is a Letter Before Action to the seller (who sold his property at a higher amount than he was going to sell to me), stating the following:

1. The contract ceased to exist from the 17th of December 2014 due to the seller not agreeing to an extension which my agent passed to them on the 15th of December 2014.

2.  On the 22nd December 2014, AFTER the contract had legally ceased the seller produced an extension agreement stating that they would only extend to the middle of January 2015 if buyer agreed that should the sale not go through the seller would be entitled to the deposit.  I categorically refused to sign this extension ergo the sale did not go through.

This was supposed to be a family holiday home.  However, I have become ill and as mentioned above have undergone one operation but still have 2 more to go.  I am unable to work so I really do need my $5,000 deposit back to help me pay for my mortgage here in the UK and other normal household expenses.

Sincerely ***** ***** (Miss)

Submitted: 1 year ago.
Category: Real Estate Law