You entitlement to the return of the deposit will likely depend on the specific language of the sales contract that discusses this. While you have summarized your understanding of what that contractual provision means, the actual language of the document may contain nuances that impact your ability to recover the deposit.
I would suggest that you review the specific language with your attorney, and he or she can advise you on this.
I agree with Ms. Esquivel. You should take your contract to a real estate lawyer to see if you have any rights to the return of your downpayment.
You might be able to sue the other side for a negligent misrepresentation or detrimental reliance.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
The terms of the contract will need to be reviewed in order to determine whether you can get your deposit back. You may have other claims against the construction company as well. I recommend that you consult with an attorney regarding the particulars of your situation. Many attorneys on here, including myself, offer free initial consultations.
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