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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28356
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I was interested in purchasing a property in Osprey FLA. I

Customer Question

i was interested in purchasing a property in Osprey FLA. I contacted a real estate broker to assist me in the real estate purchase. I used this agent because he spoke my native language Chinese. He sent me a home purchase contract via e-mail, told me to sign in different areas and this would hold the property until I was able to fly to FLA. to inspect the home. When I inspected the home I found that the home was not large enough for my family, and needed some major repairs. I told my agent "I don't want this house". My agent never notified the seller in the time frame allowed. Now I'm being contacted by the sellers attorney demanding that I must buy this house, or I will be sued in court for all costs, deposits, and damages. I spoke with my real estate agent and he said he told me everything about the contract with time frames. He is lying and will not help me at all. I feel I have been misrepresented by this agent, as he did not cancel the home sale contract when I told him I did not want to buy this house.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: closing date is today
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. Did you inform your realtor in writing, that you did not want the home? Was this done during your inspection period, as stated in the contract?

Customer: replied 1 year ago.
I didn't writing, I told him on the phone and told him face to face
Expert:  RealEstateAnswer replied 1 year ago.

Once the realtor was advised that you did not want to proceed, they should and needed to prepare your notice of cancellation on the contract and refund of the money that was being held in escrow, so it could be released. If they failed to do so and you were forced to proceed, you could sue them for damages suffered. In this case, if you fail to close, it would be the money which you are sued for, as it is unlikely the seller would sue and force you to buy the home. Your deposit may be lost and that is what you can sue them for as a result of their negligence and failure to properly represent you and act in your best interest.

Expert:  RealEstateAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!