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Can a seller request that if the buyer wants the seller to…

Customer Question
Can a seller request...

Can a seller request that if the buyer wants the seller to release the buyer's $1,000 earnest money deposit, the buyer will need to pay the $150 charge for continuation of the abstract that the seller's attorney completed? The seller has been severely financially impacted by the buyers changing from a non-contingent offer to a contingent offer 3 months into the contract, then in month 4, the buyers sold a multi-family, which created a declination of mortgage at that point in time and somehow, if the buyer took a new job after moving from OH to NY, he would then have been eligible for a mortgage. The buyer stayed one day on the new job and then quit, thus, again, being denied a mortgae. These recekless actions on the buyers part, cost my elderly 65 y/o seller who has custody of her 5 y/o granddaughter, thousands of dollars. My seller was informed by her that closing was in two weeks,, so based on that, the took out a loan and bought a $10,000 auction house, moved her houshold into storage and temporarily went to live in the auction house. Now she is paying on two mortgages, owes back taxes on the sale property , owes interest and principal on the 60 day loan, all of which were going to be paid in full by the sale of her home. She went back to work as a cleaning lady at the high school in order to make ends meet since she had to dip into her savings to cover expenses incurred by the reckless, not-forthcoming buyers. My seller always acted in good faith yet the buyers took advantage of her and her attorney who let this transaction linger on. Apologies for the winded question but it is weighing on my mind since I recomended the attorney to her and it turned out they work for the same firm.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has any paperwork been filed?

Such as what?

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

I do not think so. Thanks for asking.

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/13/2017
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,385
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

If the buyer did not act in good faith, and the buyer has terminated the contract asserting a lawful cause, then the seller may have a claim to the earnest money, depending on the terms in the contract. In such a case, the buyer and seller could negotiate a settlement for the partial return of the earnest money.

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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

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Category: Real Estate Law
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