can a new owner sell a house once you paid a deposit on it

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can a new owner sell a house once you paid a deposit on it

The original owner went into foreclosure and turn the house over to his
girlfriend. They offer the same price but trying to rush me due to them taking a
hard money loan. I’ve given her 7,000 dollars so far. Can she sell to some one
else

Asked on August 26, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you have a written contract to buy the house, she cannot sell to anyone else if you have provided any deposits, etc. required by the contract (i.e. you are in compliance with your obligations). Note that you need a written contract: oral (unwritten) contracts for the sale of real estate are not enforceable. There are some legal doctrines that would let you get your money back were she to sell to someone else--she can't keep your money without selling to you--but you could not stop her selling to another.


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