Proof of Denial?

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Proof of Denial?

Buyer wants to cancel contract stating he could not get financing, however, he refuses to provide a denial letter or contact information for the lender so my agent can call and ask. Is a buyer required to show proof in order to get their earnest money back?

Asked on July 11, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you do not believe that he cannot get financing and therefore is lying--and so, accordingly, is still obligated to go through with the purchase--you  could sue him for breach of contract. In that lawsuit, he would have to provide evidence of the denials to show that he was justified in terminating the contract. Unfortunately, there is no way short of a lawsuit to compel him to provide evidence or proof of the denial, and if you sue, you will not be able to recover your legal fees (if you hire a lawyer), unless the contract of sale specifically allows you to get legal fees under certain circumstances (and those circumstances apply); therefore, you could spend time and money on a lawsuit and get nothing for it.


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