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Did Seller violate the offer letter
(Saravana) writes:
By law, who is suppose to do Sales & Purchase agreement.
The law says nothing about who prepares the P&S. Seller, buyer,
seller's attorney, buyer's attorney, seller's agent, buyer's agent,
whatever, it doesn't really matter, as long as it's in the correct
format.
Well, OK, that's not *entirely* true, because an agent preparing the
P&S might constitute practicing law without a license. But a party to
a written agreement can't be charged with that, so it makes no
difference whether the buyer or seller prepares it.
If the P&S isn't sign by the date specified in the offer letter and/or
acceptance letter, then the issue isn't who was "supposed to prepare"
the P&S, but rather who was responsible for the delay which prevented
the P&S from being signed by the deadline. There is ample precedent
that if the seller caused the delay, he cannot then back out of the
deal because of it, and he *certainly* can't refuse to return your
deposit.
The seller clearly does not have the law on his side. The problem is
that taking him to court could be expensive if you use a lawyer, and
you may not be awarded legal fees even if you win. If you decide to
represent yourself in small-claims court, you need to be able to
present your case accurately and eloquently; if your oral English
skills are as refined as your written ones, this may be a problem.
One possibility to look into is suing him for double or triple damages
for what is essentially fraud. If this were feasible, you would be
able to recoup the cost of the lawsuit.
Also -- you mentioned that you've spoken to an attorney, but does the
seller know that? Frequently, a letter to the offending party from a
lawyer, on the lawyer's letterhead, making it clear that the aggrieved
party is aware that the law is on his side and intends to pursue legal
action, is sufficient to shake loose the money that is owed. In other
words, it may be worthwhile for you to pay a lawyer for an hour of his
time to fire off a quick missive to the guy who's jerking you around
and make it clear to him that if he doesn't pay up, he's going to be
facing some hefty legal bills.
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