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 12 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.


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