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I started to sell my land, the new buyer put money down and now wants it back, do I have to refund it?
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I started to sell my land, the new buyer put money down and now wants it back, do I have to refund it? I had a friend watch my land because people where always on it, i borrowed money from my friend and drew up paperwork but payed him back so nothing as far as a written agreement was ever executed (no deed or other paperwork was necessary) the person trying to buy my land was taking stuff off it so my friend showed him our paperwork we had drawn up. Now new buyer wants their money back and took me to court. Everything as far as deed and taxes are still in my name, I'm the only owner and want to sell land but new buyer doesn't want to which is fine with me. Do i have to refund the money he already put down?
Randall M. Lipshutz
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Posted
on Aug 11, 2015
Contracts for the sale of land have to be in writing to be enforceable. So the first problem is you had no paperwork drawn up. Under a normal written contract, the terms would provide if you have to refund the down payment or not. The problem now is determining what the agreement actually was. If the person was taking things off your property, that would be an indication of some type of agreement, and you would probably be entitled to some compensation. But there is no way to give you a better answer in this type of forum. The final result and your options are going to be very tied to the exact facts of your situation, and you probably need to go ahead and hire an attorney to review the matter with you. You also did not indicate anything about the amount of money involved, so in this setting there is not even a way to advise you on what approach would be most economical. Sorry I can't provide a better answer.
This answer is for general purposes only, and it does not create an attorney-client relationship.
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