Can we get backout/get our deposit back or we have no option since we went non-contingent?

UPDATED: Dec 14, 2018

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Can we get backout/get our deposit back or we have no option since we went non-contingent?

We’re in a non-contingent deal for a house. This house is sold by

Asked on December 14, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may be able to get out of the contract if you can show that they indeed committed fraud to induce you to sign the agreement: that is, you can show they knowingly or intentionally made material or important misrepresentations (lies) which you reasonably relied on (had no real reason to distrust or opportunity, before entering into the agreement, to verify for yourself) in deciding to enter into the transaction. If you can show all this and establish fraud, fraud provides grounds to void or undo a contract. But there are subjective or not-always-easy-to-show elements to this: that they misrepresented; that the misrepresentations were material; that they knew they were lying when they made the misrepresentations; that it was reasonable for you to rely on those representations. Therefore, while you may be able to escape the contract, do not consider a given that you will; factor that into deciding whether to try to escape it, or whether you should take the offered credit.

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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