How do we recoup an overpayment made to the puchaders regarding the sale of our home?

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How do we recoup an overpayment made to the puchaders regarding the sale of our home?

My husband and I sold our home and had an agreement to pay the buyer’s mortgage cost or “rent” for up to 2 months while we closed on our new home. We gave them the check for the 2 months “rent” upfront at closing. We closed early and only needed to stay for 1 month. When they got into the house they claimed that things that we had agreed to fix, and did, were not up to their (now changing) specifications. This, despite our doing what we agreed to and providing documentation. They say since they are still unhappy we will have to sue to get our money back. What do we do?

Asked on July 13, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you closed early on the escrow for the home you eventually bought as replacement for the one you and your husband sold needing to stay one as opposed to two months at your former home as a "renter" did you or your husband advise the presumed escrow company handling the transcation that you wanted one month of agreed upon rent back from the new buyers? Was there any provision regarding escrow instructions if you did not stay the two months as far as a refund?

I presume the buyers of your former home received possession sooner than expected? Meaning, a month sooner than expected since escrow on the new home for you closed sooner than originally planned. If this is true, then you and your husband should be entitled to the value of one month of agreed "rent" from the new buyers.

Perhaps a demand letter to the new buyers for the one month rent is in order and if they refuse to send a check for the month's rent, it would appear that you would have to go after them for the money in a lawsuit.


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