Q: We were activity to hire a home in a rental community. We abounding out the appliance and larboard a $250 deposit. A few canicule later, we were a that we were accustomed and bare to pay an added $850 for the deposit. We went and larboard the analysis but could not agree the charter because the administrator was not at the office. Over the weekend, we absitively that we did not appetite to hire there and alleged Monday to ask for our money back. They are refusing. Can they accumulate our money? – Linda
A: No, apparently not, or at atomic not best of it. I am activity to use this befalling to recapitulate some admonition that I cannot accept to say enough: Do not assurance annihilation unless and until you apprehend it and accept what it says.
If you are not abiding what it means, do not assurance until you do. I am activity to go out on a limb and accept that your antecedent $250 “deposit” was an “application fee,” which you agreed to pay about in the accomplished book of the multi-page application. If this is correct, you accept already spent those $250, and they are gone. You should analysis your archetype of the anatomy (always get a archetype of aggregate you sign!) and affirm this. If it was a drop and not a fee, you should be able to get it back.
The $850 analysis is activity to depend on if and what you active back you alone off the check. If you aloof larboard it with the appointment and did not assurance the charter documents, they will accept to acknowledgment your money. However, if you active a lease, you may be accountable for your drop or alike some rent, depending on the agreement of the arrangement you signed.
You may accept additionally signed, either at the time of appliance or back you alone off the additional check, a “reservation” anatomy that holds the assemblage for you until a charter is absolutely signed. If this is the case, you will charge to analysis the agreement of the catch to see if you are advantaged to a refund.
ABOUT THE WRITER
Gary M. Singer is a Florida advocate and board-certified as an able in absolute acreage law by the Florida Bar. He practices absolute estate, business action and arrangement law from his appointment in Sunrise, Fla. He is the administrator of the Absolute Acreage Section of the Broward County Bar Association and is a co-host of the account radio appearance Legal News and Review. He frequently consults on accepted absolute acreage affairs and trends in Florida with assorted companies beyond the nation. Send him questions online at www.sunsentinel.com/askpro or chase him on Twitter @GarySingerLaw.
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