Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?
Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It was a signed contract for cash as-is. No response from his attorney. We want to keep the $20k deposit. Can we?
A: Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.
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