What can be done about wrongful withholding of a security deposit on a home purchase?

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What can be done about wrongful withholding of a security deposit on a home purchase?

I recently sold my home. The new owners cashed my security check, claiming the need for house cleaning and electrical work. I have pictures to prove the cleanliness of the home and electrical does not fall under allowable reasons to cash the check. It is too late to cancel the check. Is there anything that can be done about this matter?

Asked on May 20, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you believe, as you evidently do, that they had no legal grounds to cash your check, your recourse is to sue them for the money: if you can prove in court that they did not have a basis to do this, you can get a court judgment ordering them to pay. If the amount is less than the limit for your state's small claims court, suing in small claims as your own attorney ("pro se") is a very good option.


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