Proof of Denial?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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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