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
  • 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.

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.