can we get deposit/earnest $ back?

[aagarza]

What is the name of your state?What is the name of your state? Texas
I am trying to research this for my aunt...She put down money plus addt'l for upgrades on a new home...The sale was contingent upon her selling her current home....She didn't anticipate selling her home as quickly as she did...when she realized she was going to sell, she needed to have somewhere to move too, since the home she originally wanted was no where near complete, she had to find another home ready for move in....The builder told her that she would not get back any of her money she put down including any money for the upgrades she choose...While she understood she would lose out on the upgrade money...The Builder that she just bought a home from advised her that she should be able to recover a portion of her down payment...So now she is wanting to look into putting a lien on that house...Can she do that...and is there anything that I can do to help her recover a portion of her money?

[HomeGuru]

Originally Posted by aagarza

What is the name of your state?What is the name of your state? Texas
I am trying to research this for my aunt...She put down money plus addt'l for upgrades on a new home...The sale was contingent upon her selling her current home....She didn't anticipate selling her home as quickly as she did...when she realized she was going to sell, she needed to have somewhere to move too, since the home she originally wanted was no where near complete, she had to find another home ready for move in....The builder told her that she would not get back any of her money she put down including any money for the upgrades she choose...While she understood she would lose out on the upgrade money...The Builder that she just bought a home from advised her that she should be able to recover a portion of her down payment...So now she is wanting to look into putting a lien on that house...Can she do that...and is there anything that I can do to help her recover a portion of her money?

**A: she defaulted on her contract so is not entitled to any deposit $$$ back. The builder that told her that she should be able to recover is full of BS.

[aagarza]

in her termination agreement it says she should get back her earnest money minus 200.00???

[HomeGuru]

Originally Posted by aagarza

in her termination agreement it says she should get back her earnest money minus 200.00???

**A: tell her to get an attorney to review the contract. I had enough of this piecemeal posting.