Can the leasing office keep my deposit if they never gave me a contract for the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the leasing office keep my deposit if they never gave me a contract for the house?
I moved into the house 3 years ago with the
intention of buying it. I placed a 1500 deposit
in the house. 3 months after moving in I went
to the on-site management office and asked
about the contract for the house. The manager
told me that the owner of the property is the
one who makes the contracts and sometimes it
takes a while but not to worry. 6-8 months later
I went and asked again for a contract. This
time I was told the same thing with an
additional, it has taken her 2-3 years to write
up a contact for the house, so dont worry
about it. I turned in my 60 notice to vacate in
a timely manner, June 30 is my last day there,
and now they are trying to say that I might not
get my deposit returned because I havent
made any payments on the house. I dont
have a contract, payment amount, payment
date, payout amount … What can I do?
Asked on June 8, 2018 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You made a deposit to buy the home; they never gave you a contract to purchase it; therefore, they did not fulfill their obligations and you never were given what you were putting a deposit down for. Under those circumstances, they cannot keep your deposit: the other party cannot retain a deposit without providing what you paid the deposit for. If they will not voluntarily return it, you will have to sue them (based on "breach of contract"--on them not honoring their obligations--and/or fraud--them lying about what they could or would do) for the money, but based on what you write, should have a good chance of succeeding. For the amount of money you describe, suing in small claims court, as your own attorney ("pro se") would be a fast, cost-effective option.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You made a deposit to buy the home; they never gave you a contract to purchase it; therefore, they did not fulfill their obligations and you never were given what you were putting a deposit down for. Under those circumstances, they cannot keep your deposit: the other party cannot retain a deposit without providing what you paid the deposit for. If they will not voluntarily return it, you will have to sue them (based on "breach of contract"--on them not honoring their obligations--and/or fraud--them lying about what they could or would do) for the money, but based on what you write, should have a good chance of succeeding. For the amount of money you describe, suing in small claims court, as your own attorney ("pro se") would be a fast, cost-effective option.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.