Q: I recently lost a small claims suit over earnest money wherein the facts were very simple and as follows
- the contract had a contingency for financing
- my financing was rejected due to loss of my job (I lost my job after applying for financing)
- I provided copy of contract & lender's rejection as evidence
- seller stated that he could have provided financing (which he did not, and could not due to my lack of employment)
- seller stated that I proceeded with another purchase (I was able to purchase another home at half the price, with my wife's $18k/yr income - not enough to get the $250k loan for this purchase)
Judge's findings were that "plaintiff (me) failed to meet burden of proof", and used seller's claims to reach her conclusion.
My interpretation is that, even though I provided evidence and the seller did not - I was held to a higher standard of proof.
Why is this? It seems we should be held to the same standard being the monies were held in a "mutual" place.
I was told by my agent that this would be a "slam dunk"
A: You had the right to appeal the court's ruling to the Court of Appeals, but the time has passed. You are bound by the court's judgment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
