If my husband and I gave cashier’s check for a downpayment on a house, how do we get it back since we couldn’t obtain financing?

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If my husband and I gave cashier’s check for a downpayment on a house, how do we get it back since we couldn’t obtain financing?

There was no contract of sale drawn up at the time as we were seeking financing to purchase the house, upon which a contract of sale would have been written up. At no point was the house ever taken off the market while we were trying to seek financing. As it turns out, we couldn’t obtain financing and we told the seller to return the check. He said he would, but months later, we found out that he cashed the check anyway. What do we do in this situation?

Asked on November 23, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The way to get the cashier's check that you gave the seller of the home that you are writing about is to make a written demand upon him or her for its return by a certain date and if not file suit for the amount. Make sure you keep a copy of the written demand letter to the seller for future use and need.


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