I wrote a check for $25K for land but my X boyfriend cancelled the transaction and the real easte co cut HIM a check for MY $25K

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I wrote a check for $25K for land but my X boyfriend cancelled the transaction and the real easte co cut HIM a check for MY $25K

I wrote a $25,000 check to a real estate company for a deposit on a lake lot that my THEN boyfrined wanted to purchase. The lake lot contract was in his name only. I wrote a personal check that the checking account is in my name only to the real easte company. A few days later my THEN boyfriend decided not to purchase the lake lot and went back to the real estate company where they cut HIM a check for my $25,000 never contacting me to let me know they did so. Should they not have returned the check to me? Now my X-boyfriend refuses to give me my money back. I have been told by several people that I should go after the real estate company, as they are the ones at fault for refunding my money back to my X. The check they cut to him was drawn on their company check account made out only to my X. Please advise. Thank you SO much. Victoria

Asked on June 23, 2009 under Real Estate Law, South Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The law isn't exactly the same from one state to the next, and I don't practice in South Carolina.  For advice you can rely on, you need to have an attorney in your area review all of the facts of the case.  One place to find a qualified lawyer is our website, http://attorneypages.com

The big problem here is that the contract didn't have your name on it at all;  if the deal had gone through, it's entirely possible that your "X" would have gotten the property only in his name as well.  I hope you'll avoid this whole problem if the situation ever comes up again.

Probably, the thing to do here is to file one lawsuit, against both your X and the real estate company.  Somebody owes you $25,000.00, between the two of them, and if you're lucky you might be able to get a judgment against both of them.  This would be good because it shouldn't be hard to collect from the real estate company, and that would leave them to try and get the money back from X.


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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