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Purchased home on ebay,seller wants to return "non-refundable" deposit. I refuse!

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vizeone

Junior Member
Purchased home on ebay,seller wants to return "non-refundable" deposit. I refuse!

What is the name of your state?What is the name of your state?Seller is in CA. I am in NY. Home is in PA.
I want to keep my home. It seems to me that the seller is backing out because he/she feels they could have recieved more. I was the highest bidder. Down payment was provided via paypal within hours as stated in sellers terms. Sales agreement was to be sent overnight. Have recieved nothing but excuses from seller. Breached contract, What can I do? HELP!!
 
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vizeone said:
What is the name of your state?What is the name of your state?Seller is in CA. I am in NY. Home is in PA.
I want to keep my home. It seems to me that the seller is backing out because he/she feels they could have recieved more. I was the highest bidder. Down payment was provided via paypal within hours as stated in sellers terms. Sales agreement was to be sent overnight. Have recieved nothing but excuses from seller. Breached contract, What can I do? HELP!!
Not only are ebay questions a freakin nuisance, they are ESPECIALLY ANNOYING when phrased as a homework assignment.
 

MinCA

Member
Inter-state real estate law. Consult an attorney.

Here in CA, a seller can't back out once the offer has been accepted. Accepting your money would appear to be acceptance of the sale amount on ebay.

However, nothing's been signed, and we're talking about a seller in one state, buyer in another, and home in a third. So which state's laws prevail? Would seem California as that is where the seller is, but it could be PA. Maybe not. But it won't be NY.

This is why most people use agents, to avoid what can be extremely costly errors.

Unless you are willing to pass on this home AND the seller will issue an immediate refund, you need to consult a real estate attorney pronto, and understand it could end up costing you more in the end to try to keep the house. Ask that attorney if you can sue for breach of contract, and so on. Ignorance of real estate law does not excuse one from the law. There's too much here to cover.
 

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