Need letter to get refund from a real estate agency.

This is a discussion thread · 6 replies
Anonymous:
Hello, well heres the delio i have never been good at writing letters or any sort of writing. Therefor i need major help because my father asked me to write a letter to a real estate agency to get his money back.

THE BACKGROUND INFO
My father was going to buy a home so he put XX number of dollars down for the home. But he could not get a mortgage loan from them and was not capable of buying the home , therefor, he is askin for his money back. Simply all he wants is his money back for the purchase he never made.

I would greatly appreciate it with any help at all because my family has a bad writing background and because im not originaly from america so i do not know the extended vocabulary as most people do.
Hi,

Our rules are that you must try to write your letter first; we are not a letter writing service. Then post it here and we will help you improve it.
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I think the issue is more complicated than just writing a letter asking for a refund of the deposit. Whether a refund is possible depends on the nature of the real estate contract that your father signed with either the seller or the agent representing the seller. Usually, you do not sign a contract until you are sure that it covers all of the what-ifs you can think of that are associated with getting a refund of your earnest money deposit if the transaction doesn't close.

  • Financing isn't obtained
  • There are more repair issues than you want to tackle
  • Home has high radon levels
  • Land needing a septic system isn't approved for the system
  • Any other issues that might cause you to back out of the transaction.


  • If your father did sign a contract with those provisions, then he will be entitled to the refund since he could not obtain the proper financing for the house. If there is no written contract, or if the contract didn’t include any escape clause, then you and your father may have to enlist the help of a real estate attorney to get the deposit back.

    There are lawyers who will help you on a contingency fee basis, that is, they will be paid only if they could help you get the money back. You won’t have to put any money up front. The downside to this is that you could end up paying a lot more for their services since the percentage cut could be more than 50% of judgment in some cases.




Full Member330
Anonymous:
Hey you are right, i read the contract and it stated that i can get a refund if i write them a letter. So ill write a draft of a letter and would anybody help me fix it up to be a formal letter to a business?
Anonymous:
Dear Ryland Homes,

I was willing to buy a home from you about a year ago, but I was unable to receive a Mortgage Approval. Not receieving the Mortgage Approval, terminated our contract, and the contract that i signed on August 26, 2005 stated that I should have received my refund of all the sums that I paid., which to this day I have not obtained.
Dear XXX

Director of Customer Services

(or Director of Sales/Marketing or whoever named in your contract to handle refund requests)

Ryland Homes

Any street

Anytown, Any state



My name is XYZ. On August 26, 2005, I paid a sum of $ to your company as earnest deposit money on a property located at any street number, any town, state + zip code. The sales contract that I signed with your company clearly states that I will be entitled to a refund of my deposit if I cannot get an approval for my mortgage. On January 1, 2006 (pick a date), I was informed by the financing institution (specify the name) that my mortgage financing application was not approved. On January 3, 2006 (pick a date), I informed Mr. So and So, your real estate broker that I would need to cancel my contract since I could not get the proper financing. I was promised that my refund would be forthcoming.

It is now July, and I have yet heard anything from your company regarding the refund of my deposit.

With this letter, I would formally request that your company refund to me my deposit as soon as possible per the terms of the sales contract. Please send the refund to the following address:



Mr. XYZ

Any street

Anytown, Anystate .



Thank you very much for your prompt attention to my request.



Sincerely,



XYZ



Notes

I don’t know whether this letter would help you. There was scant information given in your sample letter. If you signed a contract in last August, and you have not been given back a deposit when you informed the company of your inability to obtain approval for your mortgage, then there is something rather amiss between you and the real estate company. I hope that you did in fact inform verbally someone at Ryland Homes once you knew that your mortgage application was not approved. Your real estate broker should have taken the initiative to handle your refund promptly.

I suggest that you contact a real estate attorney if you don’t get any refund from the company.
Anonymous:
What you can do is ask the mortgage company to give you a letter of credit denial and attach that to the letter that you wrote.
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