Q: Selling vacant lot. Buyer twice told me he had put deposit in escrow, and twice the title company has no record of it.
Is the contract enforceable if he has not paid agreed upon earnest $$. I have a better offer.
A: If your contract had a deadline to pay the deposit and the buyer failed to pay, then he could likely be in breach of the contract. Depending on your default provisions in your contract, you could possibly rescind the sale. If he intentionally misled you regarding depositing money in escrow, you likely have a claim for fraud allowing for attorneys' fees.
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