I would like to know if I can get my refund back without signature on property purchase contract

UPDATED: Oct 1, 2022

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I would like to know if I can get my refund back without signature on property purchase contract

I have signed the reservation form for a property company. I gave them 2000 as a deposit
for holding the property. However, I decided not to process with them. They said on the
form, one sentence said ‘ a non-refundable reservagtion fee applies and is refundable
shoudl you not processd to purchase the property’ what I can do to get my money back .

Asked on November 8, 2017 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The language you quote is self-contradictory: in the first part of the sentence, it states that the fee is "non-refundable," and yet a few words later, it states that it *is* refundable should you not proceed to purchase the property. It is unclear how a court would rule on this, given this blatant contradiction--it might go either way.. If you can sue in small claims court as your own attorney ("pro se"), which means it is convenient for you to sue in the county were the property company is located, then bringing a small claims for the fee, based on breach on contract (based on the position, which you will take, that the contract requires a refund if you do not proceed to buy the property) is a fast, cost-effective way to proceed. You might win based on the quoted language, or you might lose, but you will risk only a small filing fee (around $50, give or take) and some of your time to try.

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.

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