Seller Retains Deposit

[wrinkle1s]

I entered into a contract with a buyer for my house (he is represented by an agent, I am not). He Had A "pre-emptive" Offer .. That Included Removing All Contingencies, As-is Addendum And He Signed All The Disclosures And Reports. Now, He Says The Appraiser Won't Appraise The House Because Of A Crack In The Foundation (which We Disclosed With Two Engineering Reports That He Signed). I Offered Another Appraiser, He Said He Wants Out. We Gave Up The "momentum" On The House By Accepting The Offer And We Cancelled The Open House. Anyway, He Wants His Deposit Back, And I Say He Failed To Uphold The Contract -- So It's Mine.

Any Thoughts?

[matt33445]

If there is no contingency (not contingent to financing or appraisal) and deposit was non refundable, then contractually he is in breach of contract.

I would make use of the money from the deposit, and pay the $150 for a consultation by a real estate lawyer and let the lawyer send the notice to the guy so that he backs out.

Let us know how it turns out.

Matt