Brandon, FL asked in Real Estate Law for Florida

Q: Do we have the right to sue.

My husband and I put a down payment on a home but before we could sign anything we decided not to go through with the process. However, the management company that accepted the check will not issue an refund. It's been over a month since we started the buying process and every time corporate is called they give me the run around. Telling me it has been processed/shipped but won't provide a tracking number and the check has not been received. Where do I go from here?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Read your contract. If you do, you will probably discover that the down payment is not refundable.

Jane Kim
Jane Kim
Answered
  • Naples, FL
  • Licensed in Florida

A: You always have the right to sue. Sometimes, all it takes is a demand letter from a lawyer, unfortunately.

I must disagree with my colleague, downpayment is often refundable, it depends where you are in the process. It sounds like you are at the earliest stages of contract, or it hasn't even been signed yet. There is a 3-day attorney review to back out, too.

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