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    lenayvonne's Avatar
    lenayvonne Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jun 21, 2007, 12:18 PM
    Refund of deposit on home
    I put down a deposit for a manufactured home contingent on the septic approval. The septic approval came through however the homeowners assoc denied my use of a manufactured home on the lot. I requested my deposit back based on the fact that the HOA denied the home and the sales person assured me that they had delivered manufactured homes to the area many times. I remember asking him if we could put that as a contingency also and he said if we did he may not be able to get it through his corporate office, but he did put the septic part down.

    I'd like to sue over the deposit ($5,500.00) because of the denial of the HOA and especially since they did not lose anything... they have not started any process or building, they have just been holding onto my money for a couple months.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #2

    Jun 21, 2007, 08:35 PM
    This is a bit sticky. As far as I can see from what you wrote, you don't have a legal basis for not going through with the contract, since your only contingency was the septic system, which passed. Since this is a manufactured home, could you find somewhere else to put it? To be frank, I'm having a hard time picturing someone buying a house without already having a place to put it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 23, 2007, 05:34 AM
    Quote Originally Posted by lenayvonne
    I'd like to sue over the deposit ($5,500.00)
    Hello l:

    I don't know what's taking you so long. Small claims court is quick, cheap and easy.

    excon
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #4

    Jun 23, 2007, 03:14 PM
    Quote Originally Posted by excon
    Hello l:

    I don't know what's taking you so long. Small claims court is quick, cheap and easy.

    excon
    What's her basis for suing? "I put down a deposit on a house without making sure that I could actually put it where I want it?" I don't see that the manufactured home people have done anything to break the contract, and thus they should probably keep the deposit. If not sue the OP for damages for breaking the contract. Although, since they hadn't actually started building yet, don't know what they would be able to claim for damages.
    lenayvonne's Avatar
    lenayvonne Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Jun 25, 2007, 08:25 AM
    Guess what! They agreed to give my deposit back. Seems they never signed the contract or gave me a copy and since I cancelled before they signed it - I get the funds back...

    :)
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