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Code § 10-702, requires sellers of residential real estate to complete a form?known as the Residential Property Disclosure and Disclaimer Statement?setting forth conditions and defects with the property.
If you believe you're entitled to the deposit and the buyer disagrees, you have the option of taking legal action. Depending on the situation, you may also be able to sue a purchaser who breaches your contract for damages. An experienced real estate lawyer can help you understand what this entails.
The earnest money typically goes towards the buyer's down payment or closing costs. It is refunded to the buyer only upon certain contingencies specified in the contract. If the buyer cancels the contract outside of the contingencies, it is released to the seller.
If the Buyer defaults, then the Seller may accept a refund of the earnest money as its liquidated damages. Examples of buyer defaults include refusing to close and attempting to terminate the contract outside of a contracted-for Option or Contingency Period.
Earnest money protects the seller if the buyer backs out of a sale. An earnest money contract protects both parties by setting terms and conditions of the earnest money refund. It also provides remedies for both parties in case of a breach of contract or dispute.
When a seller breaches a contract, the buyer can seek remedies like money damages and specific performance, meaning a forced sale of the property or rescission of the contract. If parties cannot agree who should get the contract deposit, they must litigate the issue in court or take it to arbitration or mediation.
Under what circumstances can a buyer representation agreement be terminated early in Maryland? If the buyer finds another buyer to replace them.
If a required disclosure is not timely made, then the buyer will have the right to cancel the purchase within the time period stated in the contract. If required disclosures are not made at all, the seller may then be responsible for the cost of repairs and other damages resulting from the undisclosed defect.