Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review your question. I will post my response shortly.
Be aware, however, this is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money. Some people just prefer the speed of a phone call and that the information not be posted on the public forum.
Do the sellers dispute your right to cancel?
Does the contract provide any conditions for having to pay the HOA fee or an exception if the contract cancels?
How much is the deposit to be refunded?
Have you asked the agent to split with you?
Have the documents been delivered already?
Have the documents been delivered?
Thank you for the additional information and your patience.
Yes, they can demand you follow through on the payment if that was agreed in the contract. However, you can pay the HOA directly and ask that the documents be delivered to you now since you are paying.
Ask for the agent to split the fee and ask for the docs to be tendered to you directly, but do not let them hang on to the deposit over $530 and just pay it if they will not negotiate.
I am sorry. I wish I could tell you otherwise, but there is no reason to let a dime hold up a dollar.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Did you have further questions? I am happy to continue if you do.
Otherwise, have I answered the question to your satisfaction?