Submitted by annie09 on Wed, 09/23/2009 - 15:47
Posted in
We put an offer to buy a house with mortgage contigency. While we didn't get the loan, so pull back from the deal.
Now the seller wants to keep the money, we have to go to court to get it back. We did not violate any P&S agreement.
If the case does go to the court, can we demand 'triple damage'if we win the case. I was told that this type of case might take over 1 year.
Any advice is appreciated!
Annie
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Editor's Response
It is essentially a contract dispute, so I do not see how you could get triple damages (most commonly sought in a consumer protection disputes). Depending on the facts and the amount of money involved, the sellers may change their mind when they receive a letter from your attorney or when they are served with the complaint. If the deposit is less than $2k, try small claims court. Good luck.
The money involved is about
The money involved is about $30K, so we have to hire an attorney.
In this type of case, if the seller lose the case, can we demand them to pay for my litigation expense? Or ask for the interest on the money?
Thanks!
Editor's Response
"As a general rule in Massachusetts, a litigant must bear his own expenses including attorney's fees, except where a statute permits the award of costs, a valid contract [or] stipulation provides for costs, or rules concerning damages permit [] recovery"); Citizens Bank v. Travers, 69 Mass. App. Ct. 174 , 177 (2007).
So, I would check your P & S and/or ask your attorney about any statutory provisions that might allows the recover of fees. I do not know of any.