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本帖最后由 bungyjumping999 于 2015-5-31 13:00 编辑
this is my guess on LZ's position ( based on limited facts disclosed here) :-
1) LZ signed an unconditional agreement, before settlement found something drastic ( may be discovered it is a P house / or someone committed suicide in the house etc ) and didn't want to settle.
2) LZ wanted to cancel the agreement and asked her deposit back, seller didn't want to pay in full refund because it is an unconditional agreement.
3) Once agreement is unconditional, you can cancel the agreement under Contractual Remedies Act ( based strictly on misrepresentation, fraud as defined by the Act) , but how much you can get back is up to the court to determine ( or by mutual agreement)...... So, LZ's story is more like half truth and not the full facts on the whole story.
Because there are some issues to be determined, seller asked his lawyer to refund all he has received (after commission deducted) to buyer first on " without prejudice basis". The remaining is yet to be determined either by negotiation with Agent or through court processes.
The key point is, LZ signed an unconditional agreement, seller might not be aware of things that the buyer (LZ) alleged and whether refused to settle is legally valid - this takes time in negotiation and if negotiation fail, will be through court process.
So, it is not as straight forward as " I can't get my deposit back" and get all the sympathies from people here.
It is so easy when people tell story, they only tell their side of the story !!!!
it is likely in LZ's case, to save lengthy legal costs, court processes, seller agreed to cancel the agreement on the condition that the agent commission already taken by the Agent is to be recovered by buyer (LZ) directly if she chooses to pursue and seller will play no part in it, which is normal in any negotiation process.
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