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We had a contract to purchase a mobile home in a park with a…

We had a contract...

We had a contract to purchase a mobile home in a park with a contingency for sale of our current home which is on the market. We placed a $ 2,000 earnest money deposit marked refundable with the contact.. Through no fault of our own, our home property did not sell by the specified contingency date and the agent was notified. The agent refuses to return our deposit stating it is due him as he says he paid the park rent for the time the contingency was in effect, We are on fixed income and the deposit amounts to two months of social security payments. We are in Venice, Florida. Thanks for any help you can give as this is a terrible situation.

Lawyer's Assistant: What state is this in? And how old is the mobile home?

Florida and it was a 2004

Lawyer's Assistant: Has anything been filed or reported?

We filed a notice of the contingency with the agent and requested the return of the deposit as we did not default on the contract.

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

We would like to know how much this is going to cost us to get help

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

How do they expect payment of this $ 10.00 - $ 100 fee and will they take it out of the proceeds of the payment when returned?

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Answered in 4 minutes by:
1/2/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,438
Experience: Real Estate Attorney with over 25 years experience
Verified

Hello. I will try to assist you. Who is holding the deposit? if the agent is holding the deposit, you need to make written demand for the return of your deposit (and copy the seller on your letter). The contract will provide you remedies for the return of the deposit - it may be arbitration, mediation or you may be entitled to sue the agent who is holding your deposit.

Hope that answers your question.

Please remember to accept the response and post a positive rating.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,438
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 7 months ago
The notice and demand was submitted to the agent on the date that the contingency ended by attachment to a text as he would not communicate by phone. The agent signed the P & S as the seller. A hard copy of the contingency and request for return of the deposit was sent to him by USPS to his place of business noted in the contract.

Then you will need to take the next step - depending on what the contract provides. If the contract allows you to sue, I would file a claim in small claims court for the return of your deposit.

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Here's the link for the Sarasota Clerk's office with instructions for filing a smalls claims case:

http://www.sarasotaclerk.com/court-services/small-claims/instructions-for-filing-small-claims

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Lori
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Category: Real Estate Law
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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.

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