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  #1  
Old 09-08-2003, 07:33 AM
timmy69n
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Purchase didn't go through


What is the name of your state? New York

I really would like to get some advice as to weather or not i should take a seller to small claims court over money that i put up to purchase a house. We signed a purchase agreement stating that i would buy the house and all of that good stuff ( standard purchase agreement ) Went through my bank in town and we wrote up a good faith estimate. This estimate incluced a grant that i was suppose to be getting from the sellers ( first time home buyers grant )Called up the sellers lawyer while we were at the bank and got the fi which was X amount of dollars and X amount of dollars for closing costs. the good faith estimate came out saying that i only needed $500 at closing time. I was thinking to my self GREAT.. i could come up with that money and it would be smooth sailing. Boy was i wrong. Closing time came, and the final paper work was being proccessed, but the amounts that the sellers lawyers told the bank were incorrect, and the X amount of dollars that were suppose to help out with the closing costs were not there, So the bank required me to have About $3,000 before the closing can begin. Well I didn't have that kind of money, and i couldn't come up with that money at the last week of closing. So i had no other choice to back down from the purchase and cut my loses. But when i asked the seller about the $500 that i gave him for the purchase offer back. He said he will not give it back because i did not purchase the house. I am not sure if i am intitled to get that money back or if i should just chalk that up as a bad loss. I really would like some help if anyone would be willing to help out.

e-mail me at [email]timmy69n@hotmail.com[/email]
or write to me on AOL at timmy69n
  #2  
Old 09-08-2003, 07:36 AM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 40,247
Read your purchase agreement to see what conditions allow you to recover your earnest money and what don't.

In most cases, unless you had a 'contingent on financing' clause, you would not get your money back for failure to fund.
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Why has he spent over $1.7M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 09-08-2003, 11:08 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 76,413
And writer, where is your real estate agent and attorney and why aren't they helping you?
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