I would like to know if I can get my refund back without signature on property purchase contract

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I would like to know if I can get my refund back without signature on property purchase contract

I have signed the reservation form for a property company. I gave them 2000 as a deposit
for holding the property. However, I decided not to process with them. They said on the
form, one sentence said ‘ a non-refundable reservagtion fee applies and is refundable
shoudl you not processd to purchase the property’ what I can do to get my money back .

Asked on November 8, 2017 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The language you quote is self-contradictory: in the first part of the sentence, it states that the fee is "non-refundable," and yet a few words later, it states that it *is* refundable should you not proceed to purchase the property. It is unclear how a court would rule on this, given this blatant contradiction--it might go either way.. If you can sue in small claims court as your own attorney ("pro se"), which means it is convenient for you to sue in the county were the property company is located, then bringing a small claims for the fee, based on breach on contract (based on the position, which you will take, that the contract requires a refund if you do not proceed to buy the property) is a fast, cost-effective way to proceed. You might win based on the quoted language, or you might lose, but you will risk only a small filing fee (around $50, give or take) and some of your time to try.


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