If I was purchasing a new mobil home but cancelled the purchase before the time allowed for cancellation and now they don’t want to return the down payment, what are my rights?

Asked on September 23, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you still had time to rescind e.g. cancel the contract and did so properly e.g. provided proper notice to the seller and they won't return your deposit, the way to get it back is to sue the seller for the money. If a contract is properly rescinded, they have no right to keep a deposit, so if you can show in court that your rescinded, or cancelled, the sale in time in the right way, you should be able to get your deposit back.


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