We signed a P & S with the sellers which had multiple items that were supposed to be completed by the seller prior to closing. They did not complete the work and now refuse to return our deposit money. What are my legal rights?
One needs to look at the terms of your purchase and sale agreement. If terms of your purchase and sale agreement are silent on damages, you have a couple of options on how to proceed. As you have made demand for return of your deposit and the Seller will not return it, you have a couple options on how to proceed. If you want to still purchase the property, you could consider bringing a specific performance action and seek a court order to have the seller transfer the property to you and seek reduction in the purchase price by the cost to complete the multiple items that were supposed to be completed by the seller prior to the closing. If you no longer want to purchase the property, you could also file a lawsuit and seek return of the deposit, plus monetary damages.
The Norfolk County Real Estate Attorneys at Goldman & Pease provide legal services to individuals and businesses for all real estate transactions and serve the Greater Boston region including Alston, Arlington, Belmont, Brighton, Brookline, Cambridge, Canton, Dedham, Dover, Milton, Natick, Needham, Newton, Norwood, Waltham, Watertown, Wayland, Wellesley, Weston, West Roxbury, Westwood, and all of Massachusetts.