Winter Garden, FL asked in Consumer Law, Contracts and Real Estate Law for Florida

Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?

1 Lawyer Answer
Mark R. Osherow
Mark R. Osherow
Answered
  • Consumer Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was required to disclose but did not do so or were those conditions open and obvious when you agreed to the purchase? You should confer with your broker and competent counsel for additional information applicable to your individualized situation. Either there is a contract or not. A showing has nothing to do with the contract. If there is no contract, unless the is some other agreement, there would appear to be no basis for a refund on your mortgage application. Unless you are talking about a refund on a deposit to the seller, which is a different issue. If you made a deposit on the home, there could be a basis for a refund but the facts stated are insufficient to evaluate. As you can see, this will depend on the situation you are dealing with whatever that might be.

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