Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 8 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
12/13/2017
Real Estate Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,225
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 8 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.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,225
39,225 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I want to sell my house. To do so I need abstract of title.
I want to sell my house. To do so I need abstract of title. The title company that handled my purcahse of the house (20 yrs ago) is no longer in busines and I cannot locate the abstract from them. Wha… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Please. I am trying to find out what do the laws of Michigan
please. I am trying to find out what do the laws of Michigan say about earnest money deposit. Can you please help me? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a buyer enters into a residential real estate contract
Hi. If a buyer enters into a residential real estate contract that says:: This contract is contingent upon buyer making a loan application in writing and shall supply evidence of loan application with… read more
Maverick
Maverick
Doctoral Degree
6,302 satisfied customers
While trying to purchase a home. Buyers got denied by bank
While trying to purchase a home. Buyers got denied by bank and entered into new negotiation/new contract with sellers to rent the home for a few months then try to buy at a later date with a new purch… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,182 satisfied customers
This is the mortgage contingency clause in the purchase offer
This is the mortgage contingency clause in the purchase offer form used by realtors in Rochester NY: ---------------------------------------------------------------- Mortgage Contingency. This offer i… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
We were pre approved for a mortgage, found a house, made an
We were pre approved for a mortgage, found a house, made an offer and it was accepted. We gave $3,000 for earnest money plus paid out an additional $1,000 in home inspection and appraisal fees. The sa… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
**MA** does an extension to closing also inherently cover
**MA** does an extension to closing also inherently 'cover' an extension to the mortgage contingency? If buyers are not able to obtain a mortgage but did not specifically request an extension of the m… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,337 satisfied customers
My loan processor processed a VA loan when the purchase agreement
My loan processor processed a VA loan when the purchase agreement specified a conventional loan. I was approved for the VA, but not the conventional so the seller is keeping my $30,000 earnest money f… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Thank you for reviewing my question. Here are the circumstances o
Thank you for reviewing my question. Here are the circumstances: o Because of a job in a different city, I looked for a house in that city in September of 2010. I found one house that suited my needs,… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Im the listing agent in Washington State. Entered into a
I'm the listing agent in Washington State. Entered into a contract with a buyer who was pre-approved by a lender putting "62k or more" as a down payment (basically 20% or more of the sales price. Thei… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
We bought a house. There was no mortgage contingency but I
We bought a house. There was no mortgage contingency but I got my loan denied because of 2 mortgages on my account as we were not able to sell the house. The seller via their agent offered me a contig… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
i have a purchase agreement contract and would like to know
i have a purchase agreement contract and would like to know if anyone would help me fill it out.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
if a buyer doesnt have a appraisal contigincy in the real
if a buyer doesn't have a appraisal contigincy in the real estate sales contract and the loan appraisal is below the agreed contract selling price, can the buyer walk away and just forfiet his earnest… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I have a sales contract to buy a house in Florida. The agreement
I have a sales contract to buy a house in Florida. The agreement is contingent on obtaining a mortgage loan within certain days. If I don't get a loan, both Buyer and Seller can cancel the agreement. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
I bid on a condo in a Probate Auction and now must close escrow
I bid on a condo in a Probate Auction and now must close escrow in 45 days. I know there are no contingencies. My 10% deposit is 52k. If I cannot get a mortgage, will I lose it all? Do I have options?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We have been denied a mortgage loan and on the agreement of
We have been denied a mortgage loan and on the agreement of sale it was marked contingent upon financing. The sellers lawyers are looking at keeping the earnest money. My question is in the state of v… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am trying to buy an apartment in DC. The mortgage company
I am trying to buy an apartment in DC. The mortgage company that pre-approved me for financing stopped funding mortgages. I have found another lender, but the seller will not extend my closing date an… read more
Greg Boop
Greg Boop
Principal Member
Juris Doctorate
202 satisfied customers
I am a real estate broker in the state of Mississippi. I ...
I am a real estate broker in the state of Mississippi. I had another agent bring a buyer/contract to purchase to me for my seller's townhome. Buyer was pre-qualified and everything, but when it got do… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x