[DGx2]

We just recently bought a newly constructed home in the T.V.. We were told that once you commit thereis no getting your money back. Like most our feet got a little cold, but the sizeable "non-refundable" deposit kept us from changing our mind. We then proceeded to list our old house with with the villages real estate. Since then three buyers have backed out and all of them have gotten their escrow money back. Buyer #1 backed out based on they couldn't qualify for financing. Even though we offered them owner financing at the same terms the bank was going to give had they qualified. Buyer 2# backed out for no reason, they countered our asking price and we accepted their counter and they just walked away from the deal with their escrow. Buyer3#Loved the house, took videos and pictures,looked at it several times with their kids. We proceeded with the home inspection, what minor things were found were fixed immediately, and because they wanted it just the way it was, turnkey, we accepted their offer and proceeded to buy all new furnishing for our new house. Now 10 days before the closing they are walking away based on the appraisal,which appraised out exactly what we had agreed upon. We even offerd two more options to keep the deal alive and they just walked away. They still have money in escrow and I am not so willing to sign off on giving it back. Has anyone got advice or expereinced something lke this before? P.S. please don't refer to the legal thread I've already been there and no help.

[quirky3]

In a lot of home sales, hiring an attorney is not necessary, but in this case it may be worth your while to do that.

[jerseyvillager]

If your entitled to it - keep it!

[graciegirl]

Are you talking about The Villages resale part or The Villages Relocation service where they suggest a couple of realtors in your area?

I am not clear if your home is here in The Villages or in some other area of the country,

[Jim 9922]

If your facts are as stated and you adhered to all provisions in the offer contract, and you used the "standard" offer agreement format you are entitled to the deposit. Take it!! You lost the opportunity for exposure to other qualified buyers, the time value of interest, and your time was wasted on unqualified buyers. If I remember the form correctly, your agent also gets a piece of the action, so you are still out some money.
As an aside, it doesn't seem that your agent is very skilled at bringing you qualified prospects or at closing deals; I was not there, just my opinion.

[DGx2]

The house we are selling is in the villages and we listed it with a resale agent. The gray area is they don't have to take our option to have owner financing even though on the contract it only says Lender, which we are being told that implies conventiol. We offered the sames terms they agreed on in the sales contract, but the gray area is apparently they don't have to consider us as "the lender".
DG

[ricthemic]

Originally Posted by Jim 9922

If your facts are as stated and you adhered to all provisions in the offer contract, and you used the "standard" offer agreement format you are entitled to the deposit. Take it!! You lost the opportunity for exposure to other qualified buyers, the time value of interest, and your time was wasted on unqualified buyers. If I remember the form correctly, your agent also gets a piece of the action, so you are still out some money.
As an aside, it doesn't seem that your agent is very skilled at bringing you qualified prospects or at closing deals; I was not there, just my opinion.

I thought the same as above quote cause that is the way in NE. We recently sold a village hs and based upon both a village rep aand an mls rep that IS not the FL law. They can back out for any reason. Then goes to court and during this court wait time u can not sell your hs. Then if u win in court u will be lucky to keep 25% of their deposit. That is what we were told as i said by two realtors.

[TF Hutch]

How badly would you like a cash buyer? Are YOU under any obligation to sell to any previous offer?

None of my business, just inquisitive.

Thank you.

[collie1228]

Ten years ago I had a buyer back out of a home sale for no good reason, and I let my realtor convince me that I shouldn't keep the earnest money. That still irks me today and I regret not pushing back. A deal is a deal, and if you held up your end of the bargain and the other party backed out for reasons not covered by the contract, you should keep the money. JMHO.

[DGx2]

Hutch,
We are fortunate that we do not need abuyer at all. We can rent it out, let it sit, or just wait for the right buyer to come along. We open to about anything that is fair and a win/win for all parties concerned. And of "course cash is King"
DG

[DGx2]

I think a settlement is order. We lost aprecious month of not having it on the market. We incurred many expenses in those 30 days and they could have notified us a week aago they had no intentions of going through with the agreement. With 10K at stake I don't think 3k would be unreasonable.
Thoughts?

[Pturner]

I'm missing something. If they put up earnest money, it was not contingent on the appraisal (or something else that didn't pan out) and they backed out of the deal, the money is rightfully yours, as best I understand. It doesn't make sense for you to have to be out time and money every time you take your house off the market in exchange for earnest money, and a buyer renigs.

Otherwise, what exactly is earnest money? I'm always for doing the right thing! But if earnest money was provided, retaining it for your expenses and time loss is the right thing to do. What am I missing?

[LvmyPug2]

If all contigencies have been met you get to keep the earnest money if the buyer backs out. However, we learned the key is in how the offer is written/accepted. Some agents write them in such a way that the buyer can easily exit the deal. When we sold our house this summer, we had a good agent that made sure our counter offer removed these vague options for backing out.

[DGx2]

lvmypug,
Good advice! thanks all for the other feed back! It's back on the market, maybe the 4th time will be the charm.
DG

[Billyworld]

As a inactive Realtor, let me explain what happened. First, all contracts have a financing clause. If the buyer can't get financing at a rate that is on the contract, they walk. Second, there is a inspection clause also. If the house doesn,t pass inspection due to whatever,(color of walls) they walk. It bewilders me that when a buyer sighns a offer on a piece of property, they go right back out there looking at other houses.This is one reason I no longer sell Real Estate. Dealing with the goofballs like you have dealt with just wears you down.--Good luck with your quest