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What happens to your 10% down payment when a new development goes bust?

Started by Mjh1962
about 17 years ago
Posts: 149
Member since: Dec 2008
Discussion about
I'm assuming that the money is held by the developers arttorney and that you get it back. Has anyone had this experience? What happened and how long did it take?
Response by ILuvNewYork
about 17 years ago
Posts: 88
Member since: Jul 2009
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Response by DerekV
about 17 years ago
Posts: 1
Member since: Aug 2009

There are two possible scenarios: 1) Your contract includes an escrow agreement in which the seller's attorney or broker acts as escrow agent and your funds are protected. 2) Your contract doesn't include an escrow agreement and you are now a general creditor the the bankrupt developer.

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Response by Fayek
about 17 years ago
Posts: 269
Member since: Jul 2009

IluvNewYork

I read it this morning, so unfortunate!

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Response by aboutready
about 17 years ago
Posts: 16354
Member since: Oct 2007

alexico also has the laurel. wow.

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Response by LookPied
about 17 years ago
Posts: 256
Member since: Mar 2009

In general, the down payment is held in escrow and returned to you under multiple scenarios including sponsor's bankruptcy. You can add stipulations to the contract such as mortgage contingency or closing deadline, which if not met returns the downpayment to you.

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Response by 30yrs_RE_20_in_REO
about 17 years ago
Posts: 9913
Member since: Mar 2009

"There are two possible scenarios: 1) Your contract includes an escrow agreement in which the seller's attorney or broker acts as escrow agent and your funds are protected. 2) you are a total moron and your attorney is incompetent."

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