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

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption